Iberia Credit Bureau, et al v. Cingular Wireless, et al

Filing 509

ORDER denying in part and mooting in part 504 Motion for Written Reasons and to Certify Judgment; denying 506 Motion for Leave to Appeal. Signed by Honorable Ivan LR Lemelle on 7/26/2010. (crt,Kennedy, T)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION

IBERIA CREDIT BUREAU, INC., ET AL VERSUS CINGULAR WIRELESS, ET AL

CIVIL ACTION NO. 6:01-2148

JUDGE LEMELLE

ORDER
Plaintiffs' Motion to Certify Judgment and for Written Reasons (Record Document Number 504) is DENIED IN PART AND MOOT IN PART. Plaintiffs' Motion for Leave to file Petition for Permission to Appeal (Record Document 506), viewed as a request for this Court's permission for immediate appeal of a discovery order under the collateral-order doctrine, is DENIED. As authority for above rulings, we adopt by reference the following: Mohawk Industries, Inc., v. Carpenter, 130 S. Ct. 599 (2009) (Post Judgment appeals, together with other review

mechanisms, suffice to protect the rights of movants and preserve discovery issues if timely raised.); Goodman v. Harris County, 443 F. 3d 464, 467 (5th Cir. 2006) (Discovery orders are generally not

appealable, unless they fit within a particular exception to the collateral order rule.); Record Document Numbers 443,445,465,478, 485,490,501 and 503. New Orleans, Louisiana, this 26th day of July, 2010.

________________________________ UNITED STATES DISTRICT JUDGE