Hobson et al v. ABE Development LLC et al

Filing 100

ORDER AND REASONS DISMISSING 69 MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge Ivan L.R. Lemelle on 10/18/2016. (mmv)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RACHEL HOBSON, ET AL.

CIVIL ACTION

VERSUS

NO. 15-1480

ABE DEVELOPMENT, LLC, ET AL.

SECTION "B"(4)

ORDER AND REASONS
Before

the

Court

is

Plaintiffs’

“Motion

to

Review

the

Magistrate Court’s Order of September 1, 2016, R. Doc. 50.” Rec.
Doc. 69. Defendants timely filed an opposition. Rec. Doc. 91.
The Magistrate Judge’s September 1, 2016 ruling mistakenly
identified state and federal claims when in fact only federal
claims remained after an August 2015 amended complaint was filed.
Rec. Docs. 3, 50. However, with the December 2015 amendments to
the Federal Rules of Civil Procedure, courts and parties are
jointly responsible for securing the just, speedy, and inexpensive
determination of every action and proceeding. Fed. R. Civ. P. 1.
In so doing, the amended federal rules on discovery, as recognized
by the Magistrate Judge, re-emphasize a long-time practice in most
federal

courts.

Specifically,

the

discovery

sought

must

be

proportional to the needs of the case and courts retain the
discretionary authority to regulate the time of discovery. Fed. R.
Civ. P. 26. The Magistrate Judge recognized the discoverability of
financial information at issue for a viable punitive damages claim.
In balancing all of the above factors and amended rules, we find

her ruling

is fair and reasonable

on facts and law for

reasons we assign above. Accordingly,
IT IS ORDERED that the motion is DISMISSED.
New Orleans, Louisiana, this 18th day of October, 2016.

___________________________________
SENIOR UNITED STATES DISTRICT JUDGE