MORRIS v. SOUTHERN INTERMODAL XPRESS, 16-00632-CG-N. (2017)
Court: District Court, S.D. Alabama
Number: infdco20170502664
Visitors: 27
Filed: Apr. 28, 2017
Latest Update: Apr. 28, 2017
Summary: ORDER CALLIE V. S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a), and dated March 13, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the motion to dismis
Summary: ORDER CALLIE V. S. GRANADE , Senior District Judge . After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a), and dated March 13, 2017, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the motion to dismiss..
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ORDER
CALLIE V. S. GRANADE, Senior District Judge.
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendations of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a), and dated March 13, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (Doc. 5) filed by Defendant Southern Intermodal Xpress ("SIX") is GRANTED, but without prejudice to Plaintiff David Morris's ability to file an amended complaint that plausibly alleges a claim under 29 U.S.C. § 1132(a)(1)(B) against SIX.1 Morris must file and serve this amended complaint no later than Monday, May 15, 2017.
DONE and ORDERED.
FootNotes
1. Because the time for Morris to amend his complaint once as a matter of course has expired, see Fed. R. Civ. P. 15(a)(1)(B), he can now amend his complaint "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Morris is being granted leave of court to amend his complaint for the sole purpose of stating a claim under § 1132(a)(1)(B) against SIX. To the extent Morris may wish to make other changes to his complaint, he must either obtain the written consent of the opposing party or parties the new allegations are directed at, or file a motion for leave to amend.
Source: Leagle
