McCoy v. Watco Cos., LLC

Full title: LESLIE MCCOY v. WATCO COMPANIES, LLC AND BATON ROUGE SOUTHERN RAILROAD

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

Date published: Dec 2, 2013

CIVIL ACTION NO. 12-754-SDD-SCR (M.D. La. Dec. 2, 2013)

Opinion

CIVIL ACTION NO. 12-754-SDD-SCR

12-02-2013

LESLIE MCCOY v. WATCO COMPANIES, LLC AND BATON ROUGE SOUTHERN RAILROAD

SHELLY D. DICK

RULING

In this appeal, Plaintiff seeks review of the Magistrate Judge's ruling of November 13, 2013.

In reviewing the Magistrate Judge's ruling in question, the Court must decide whetherthe ruling constitutes clear error.¹ Having considered the Magistrate Judge's ruling on the issue in question, the Court does not find any clear error. The Court recognizes that not all district courts in Louisiana agree on when surveillance video evidence must be produced. Furthermore, the Fifth Circuit's decision in Chiasson v. Zapata Gulf Marine Corp.,² relied upon by both parties, does not hold that such evidence must be disclosed prior to a plaintiff's deposition, but prior to trial.

1 28 U.S.C. § 636(b)(1)(A).

2 988 F.2d 513, 517 (5^th Cir. 1993).

Considering that each case must be evaluated on a case by case basis, and the Court's wide discretion in governing the discovery process,³ the Court cannot find that the Magistrate's ruling is clear error.

3 See Wichita Falls Office Assocs. v. Banc One Corp., 978 F.2d 915, 918 (5^th Cir. 1992)("The trial judge's decision to curtail discovery is granted great deference...").
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Accordingly, IT IS ORDERED that the ruling of the Magistrate Judge dated November 13, 2013 is hereby AFFIRMED.

Baton Rouge, Louisiana, this 2 day of December, 2013.

______________________

SHELLY D. DICK, DISTRICT JUDGE

MIDDLE DISTRICT OF LOUISIANA