P H I Inc v. Office & Professional Employees International Union et al

Filing 420

JUDGMENT re 395 Report and Recommendations. The decision of the magistrate judge is affirmed and the claims of Larry Burgoyne, Michael Butler, Thuong Tran Duc, Daniel Goodson, Joseph Gubler, Frank Haynes, Adam Hite, James Pecnik, Richard Phelps, Jo hn Rohner, William Rosenbalm, Dennis Smith, David Squires, Michael Stricklin, Jerold Swinderman and Stephen Torres are dismissed without prejudice for failure to comply with this court's discovery orders. IT IS FURTHER ORDERED that on or before the close of business on 6/12/2009, the Unions shall submit to this Court and PHI a one-page summary of the claims alleged by Mr. Norman A Sherman, Jr. against PHI. The Court will discuss this matter at the 6/17/2009 pretrial conference. Signed by Judge Rebecca F Doherty on 6/11/2009. (crt,Keifer, K)

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UNITED STATES DISTRICT COUR WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

PHI, INC., ET AL. VERSUS OFFICE & PROFESSIONAL EMPLOYEES INTERNATIONAL UNION, ET AL.

CIVIL NO. 06-1 469 c/w 06-2243 JUDGE DOHERTY MAGISTRATE JUDGE HILL

JUDGMENT For the reasons stated in the Report and Recommendation ofthe Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objection of Norman A. Sherman, Jr. to the Report and Recommendation in the record; IT IS ORDERED that the decision of the magistratejudge is AFFIRMED and the claims of the following individual pilot complainants are DISMISSED WITHOUT PREJUD1CE, pursuant to Fed. R. Civ. P. 37(d), 41(b) and 16(0, for failure to complywith this court's discovery orders: Larry Burgoyne, Michael Butler, Thuong Tran Duc, Daniel Goodson, Joseph Gubler, Frank Haynes, Adam Hite, James Pecnik, Richard Phelps, John Rohner, William Rosenbalm, Dennis Smith, David Squires, Michael Stricklin, Jerold Swinderman and Stephen Torres. IT IS FURTHER ORDERED that this Court cannot determine at this time whether the claim(s) of pilot Norman A. Sherman, Jr. should or should not be dismissed without prejudice, as this Court cannot determine what claim(s) Mr. Sherman has brought against PHI. Therefore, the Unions have not carried their burden of demonstrating that PHi has not been prejudiced by the late production ofMr. Sherman's discovery. Considering the foregoing, IT IS ORDERED that, on or before the close of business on June

12, 2009, the Unions shall submit to this Court and PHI a one-page summary of the claim(s) alleged by Mr. Sherman against PHI so that this Court can assess whether PHI has been prejudiced by Mr. Sherman's late production of discovery. The Court will discuss this matter at the June 17, 2009 pre-trial conference. THUS DONE AND SIGNED, in chambers, in Lafayette, IAiisiana, on this 2009. d of June

REBECC C4IEPTY UNITED TATES DISTRICT JUDGE
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