REC Marine Logistics, LLC v. Richard ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA REC MARINE LOGISTICS, LLC CIVIL ACTION VERSUS No. 19-11149 DEQUINCY R. RICHARD, ET AL. SECTION I ORDER AND REASONS Before the Court is REC Marine Logistics LLC et al.’s (“REC”) “Motion Under FRCP Rule 72 to Object, Appeal and Reverse the Incorrect Ruling on Service Issued by the Magistrate 23 June 2020”.1 The motion seeks review of the United States Magistrate Judge’s order2 denying an earlier motion for reconsideration.3 A magistrate judge’s order on a non-dispositive motion such as this may only be set aside if it “is clearly erroneous or is contrary to law.” Moore v. Ford Motor Co., 755 F.3d 802, 806 (5th Cir. 2014) (citing Fed. R. Civ. P. 72(a) and 28 U.S.C. § 636(b)(1)(A)). A finding is “clearly erroneous” when the reviewing court is “left with a definite and firm conviction that a mistake has been committed.” In re Mid-S. Towing Co., 418 F.3d 526, 534 (5th Cir. 2005). Based on a review of the record, the Court finds that the Magistrate Judge’s order denying reconsideration is not clearly erroneous or contrary to law. Accordingly, 1 R. Doc. No. 134. 2 R. Doc. No. 123. 3 R. Doc. No. 87. IT IS ORDERED that the motion is DENIED. New Orleans, Louisiana, August 25, 8 he M. AFRICK UNITED STATES DISTRICT JUDGE