Rideau v. Lafayette Health Ventures Inc et al

Filing 33

ORDER Denying 31 Appeal of Magistrate Judge Decision re 28 Order on Motion to Strike. To the extent Defendants contend evidence pertaining to the WHCRA is not admissible at trial, they can file a motion in limine at the appropriate time. Signed by Judge Terry A Doughty on 8/17/2018. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION ALECIA M. RIDEAU, M.D. * CIVIL ACTION NO. 6:18-CV-00473 VERSUS * JUDGE TERRY A. DOUGHTY LAFAYETTE HEALTH VENTURES, INC., ET AL. * MAG. JUDGE PATRICK J. HANNA ORDER Pending before the Court is Defendants’ Objection to Magistrate Judge’s Memorandum Ruling Denying Defendants’ Motion to Strike [Doc. No. 31]. Defendants object to the Magistrate Judge’s Memorandum Ruling [Doc. No. 28] denying Defendants’ Motion to Strike [Doc. No. 10] Plaintiff’s references in her Petition to the Women’s Health and Cancer Rights Act of 1998 (“WHCRA”). The Court construes this objection as an appeal of the Magistrate Judge’s Memorandum Ruling. Motions to strike are non-dispositive pre-trial matters. Under 28 U.S.C. § 636(b)(1)(A) and Rule 72(a), the Court reviews a magistrate judge’s rulings on non-dispositive matters only to determine whether they are clearly erroneous or contrary to law. Having conducted a thorough review of the entire record, the Court finds that, under the facts and circumstances of this case, the Magistrate Judge’s Memorandum Ruling was not clearly erroneous nor contrary to law. Therefore, Defendants’ Objection [Doc. No. 31] is DENIED, and the Magistrate Judge’s Memorandum Ruling is AFFIRMED. To the extent Defendants contend evidence pertaining to the WHCRA is not admissible at trial, they can file a motion in limine at the appropriate time. Monroe, Louisiana, this 17th day of August, 2018. ____________________________________ TERRY A. DOUGHTY UNITED STATES DISTRICT JUDGE

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