Noranda Alumina, L.L.C. v. Associated Terminals, L, No. 18-30401 (5th Cir. 2019)

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Case: 18-30401 Document: 00514845795 Page: 1 Date Filed: 02/21/2019 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-30401 United States Court of Appeals Fifth Circuit FILED February 21, 2019 NORANDA ALUMINA, L.L.C., Lyle W. Cayce Clerk Plaintiff - Appellant v. ASSOCIATED TERMINALS, L.L.C., Defendant - Appellee Appeal from the United States District Court for the Eastern District of Louisiana No. 2:16-CV-16677 Before SMITH, DUNCAN and ENGELHARDT, Circuit Judges. PER CURIAM:* Appellant, Noranda Alumina, L.L.C. (“Noranda”), appeals the district court’s order dismissing its claims against Appellee, Associated Terminals, L.L.C., under Rules 37(b)(2)(A) and 41(b) of the Federal Rules of Civil Procedure because of discovery abuses by Noranda. Considering the briefs and oral arguments of the parties, the applicable legal standards and the record before us, including the accurate and detailed recitation by the district court of Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 18-30401 Document: 00514845795 Page: 2 Date Filed: 02/21/2019 No. 18-30401 the discovery-related events in this matter, we do not find that the district court abused its discretion in dismissing Noranda’s claims. See Moore v. CITGO Ref. and Chem. Co., L.P., 735 F.3d 309, 315-18 (5th Cir. 2013); Berry v. CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191-92 (5th Cir. 1992). Accordingly, the district court’s decision is AFFIRMED. 2