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Estero Development Partners, LP v. Harvey Honore Construction Company, LLC, 18-1082-SDD-RLB. (2019)

Court: District Court, M.D. Louisiana Number: infdco20191226534 Visitors: 9
Filed: Dec. 17, 2019
Latest Update: Dec. 17, 2019
Summary: RULING SHELLY D. DICK , Chief District Judge . The Court has carefully considered the Motion 1 filed by Plaintiff, the record, the law applicable to this action, and the Report and Recommendation 2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 8, 2019, to which an objection 3 was filed and also reviewed. The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. ACCORDINGLY, Plaintiff
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RULING

The Court has carefully considered the Motion1 filed by Plaintiff, the record, the law applicable to this action, and the Report and Recommendation2 of United States Magistrate Judge Richard L. Bourgeois, Jr. dated November 8, 2019, to which an objection3 was filed and also reviewed.

The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein.

ACCORDINGLY, Plaintiff's Motion4 is hereby GRANTED and the Clerk's Office is instructed to enter [Rec. Doc. 47-3] Plaintiffs' Amended Complaint into the record.

IT IS FURTHER ORDERED that subsequent to the entry of the Third Amended Complaint into the record, which will destroy diversity jurisdiction in this action, the action is to be DISMISSED WITHOUT PREJUDICE, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure.

FootNotes


1. Rec. Doc. 47.
2. Rec. Doc. 64.
3. Rec. Doc. 65.
4. Rec. Doc. 47.
Source:  Leagle

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