ASHLEY v. LIBERTY LIFE ASSURANCE CO. OF BOSTON, 6:16-1096. (2017)
Court: District Court, W.D. Louisiana
Number: infdco20170224b41
Filed: Feb. 14, 2017
Latest Update: Feb. 14, 2017
Summary: JUDGMENT DEE D. DRELL , Chief District Judge . This matter was referred to United States Magistrate Judge Patrick J. Hanna for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the magistrate judge is correct. Accordingly; IT IS ORDERED that Liberty Life Assurance Company of Boston's Motion to Dismiss is GRANTED in part. Accordingly, plaintiff's Louisiana state law claims are DISMISSED WITH PREJUDICE. Liberty's request
Summary: JUDGMENT DEE D. DRELL , Chief District Judge . This matter was referred to United States Magistrate Judge Patrick J. Hanna for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the magistrate judge is correct. Accordingly; IT IS ORDERED that Liberty Life Assurance Company of Boston's Motion to Dismiss is GRANTED in part. Accordingly, plaintiff's Louisiana state law claims are DISMISSED WITH PREJUDICE. Liberty's request ..
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JUDGMENT
DEE D. DRELL, Chief District Judge.
This matter was referred to United States Magistrate Judge Patrick J. Hanna for Report and Recommendation. No objections have been filed. The Court concludes that the Report and Recommendation of the magistrate judge is correct. Accordingly;
IT IS ORDERED that Liberty Life Assurance Company of Boston's Motion to Dismiss is GRANTED in part. Accordingly, plaintiff's Louisiana state law claims are DISMISSED WITH PREJUDICE. Liberty's request for attorney's fees and costs pursuant to 29 U.S.C. § 1132(g)(1) is DENIED as premature.
IT IS FURTHER ORDERED that plaintiff is granted leave to amend his Complaint to properly plead federal claims for long term disability benefits and attorney fees under ERISA and to clarify the legal and factual grounds for these claims, as well as the proper basis for this Court's jurisdiction.
Source: Leagle
