Broyles v. Cantor Fitzgerald & Co. et al

Filing 575

RULING on #558 Appeal and Rule 72(a) Review of Magistrate Judge's Order Compelling Production of Privileged Documents and Information. The Ruling of the magistrate judge dated 5/6/2016 is hereby AFFIRMED. As per this Courts #549 Order, the defendants must comply with the magistrate judge's ruling by noon on Friday, 5/13/2016. Signed by Judge James J. Brady on 5/12/2016. (LLH)

UNITED STATES DISTR COURT
MIDDLE DISTRICT OF LOUISIANA
JOSEPH N. BROYLES, ET AL.
CIVIL ACTION
VERSUS
NO. 10-854-JJB-CBW
CANTOR FITZGERALD & CO.,
ET AL.
RULING ON APPEAL
This matter is before the Court on appeal (Docs. 558) taken by defendants, Stifel
Financial Corporation, Stifel Nicolaus & Co., Stone & Youngberg, LLC, and Anthony
Guaimano (collectively, the “S&Y Parties”), from the ruling of the magistrate judge issued on
May 6, 2016. The matter has been briefed and there is no need for oral argument.
It is well established that magistrate judges are afforded broad discretion in resolving
discovery disputes. Merritt v. Int’l Bro. of Boilermakers, 649 F.2d 1013 (5th Cir. 1981). Rulings
on discovery matters will be overturned only when found to be clearly erroneous or an abuse of
discretion. This appeal (Doc. 558) involves the application of federal or state law to waiver of
privilege for untimely logging such a privilege. After carefully reviewing this matter, the Court
finds no error of law or abuse of discretion.
Accordingly, the ruling of the magistrate judge dated May 6, 2016 is hereby
AFFIRMED.
As per this Court’s Order (Doc. 549), the defendants must comply with the magistrate
judge’s ruling by noon on Friday, May, 13, 2016.
Signed in Baton Rouge, Louisiana, on May 12, 2016.

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JUDGE JAMES J. BRADY
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA