Opinions and documents
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JAMES “JIMMY” EMMETT EDWARDS PLAINTIFF
V. CIVIL ACTION NO. 1:22-CV-145-KHJ-MTP
GUARDIAN LIFE INSURANCE OF AMERICA DEFENDANT
ORDER
Before the Court is Plaintiff Jimmy Edwards’s [37] Motion to Appeal the
Magistrate Judge’s [36] Case Management Order. For the reasons below, the Court
denies Edwards’s motion and upholds Magistrate Judge Michael T. Parker’s Case
Management Order.
I. Background
This case arises from a dispute over a life insurance policy. Compl. [1].
Until her death, Mrs. Edwards owned and operated Allure Salon in Starkville,
Mississippi. Edwards Aff. [17-1] at 1. Mrs. Edwards worked with other beauty
technicians, but the parties disputed whether they were employees or independent
contractors. , Def.’s Mem. Supp. Mot. Summ. J. [13] at 1; Pl.’s Mem. Opp’n Mot.
Summ. J. [18] at 3. The Court’s [34] Order Granting Partial Summary Judgment
resolved this dispute and held that the insurance policy was an ERISA-governed
employee benefit plan. at 16 (“The circumstances show that the Guardian-
issued life insurance policy is an ERISA plan.”). In effect, the Court recognized the
technicians as employees instead of independent contractors.
Following the Court’s [34] Order, the parties participated in a case
management conference. Initial Order [35]. And on September 8, 2023, the
Magistrate Judge issued a [36] Case Management Order setting out the deadlines
for the case. Edwards appeals the Case Management Order because it limits
discovery to the administrative record absent further order of the Court. [37] at 1.
II. Standard
The Court will uphold a magistrate judge’s non-dispositive order unless it is
“clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A);
, 755 F.3d 802, 806 (5th Cir. 2014) (“A magistrate judge’s non-
dispositive order may only be set aside if it ‘is clearly erroneous or contrary to law.’”
(quoting FED. R. CIV. P. 72(a))); L.U.CIV.R. 72(a)(1)(B) (“No ruling of a magistrate
judge . . . will be . . . modified on appeal unless . . . the magistrate judge’s ruling is
clearly erroneous or contrary to law.”).
A factual finding is “clearly erroneous” when the reviewing court “on the
entire evidence . . . is left with a definite and firm conviction that a mistake has
been committed.” , No. 1:22-CV-48, 2023
WL 4824925, at *1 (N.D. Miss. July 27, 2023) (citing
, 333 U.S. 364, 395 (1948)). In making this determination, “the district court is
not permitted to receive further evidence; [rather,] it is bound by the clearly
erroneous rule in reviewing questions of fact.” , 755 F.3d at 808 n.15.
III. Analysis
At the start, the Court recognizes Edwards’s attempt to use this appeal to
request reconsideration of the Court’s prior Order. [37] at 2 (arguing the Court
can revise its previous ruling that “held . . . the workers at the Allure Salon were
employees” for ERISA purposes); Order [34] (granting partial summary judgment
and denying discovery requests). The Court declines to entertain that attempt.
Edwards had 28 days from the Court’s Order to move to alter or amend the
judgment. , 23 F. Supp. 3d 679, 703 (S.D.
Miss. 2014) (recognizing the Rules “do not explicitly recognize a motion for
reconsideration,” but courts “consider such motions under [Rule] 59(e) (motion to
alter or amend a judgment), when they are filed within [28 days]”). Edwards did not
file a Rule 59(e) motion within 28 days, so the Court considers only Edwards’s
appeal of the Magistrate Judge’s Case Management Order.
Edwards appeals the following portion of the Magistrate Judge’s Case
Management Order:
DISCOVERY/OTHER MOTIONS: As this is an ERISA matter and
such matters are generally decided based on the administrative record,
no discovery is permitted absent further order of the court. Should
either party determine that any discovery is necessary or appropriate,
a motion and brief requesting same shall be filed. The deadline for
filing such motions and for all other motions (except dispositive
motions as noted above) is November 1, 2023.
[36].
Edwards has not been denied a specific discovery request. Rather, he appeals
the Case Management Order because it “disallow[s] discovery, except when
[Edwards] petitions the Court on each specific issue he might seek discovery.” [37]
at 3. But this is an ERISA matter, and a court reviewing an ERISA matter is
generally “limited to considering the evidence within the administrative record.”
, No. 1:11-CV-228, 2012 WL 12863147, at *3 (S.D. Miss.
Dec. 5, 2012) (collecting cases), , 754
F.3d 324 (5th Cir. 2014).
In short, the Magistrate Judge’s Case Management Order reiterates the
Court’s finding that ERISA applies, [34], along with the general principle of
limiting discovery to the administrative record in ERISA matters. The Case
Management Order also allows Edwards to seek more discovery items with the
Court’s permission.1 Based on those considerations, the Court cannot say the
Magistrate Judge’s Case Management Order is clearly erroneous or contrary to law.
IV. Conclusion
The Court has considered all arguments. Those not addressed would not have
changed the outcome. For the stated reasons, the Court DENIES Edwards’s [37]
Motion to Appeal and upholds Magistrate Judge Michael T. Parker’s [36] Case
Management Order.
SO ORDERED, this 26th day of October, 2023.
s/
UNITED STATES DISTRICT JUDGE
1 The Court reiterates that Edwards has not filed a motion requesting specific items
of discovery; the Court has not had an opportunity to grant or deny a request.
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