Filed: Dec. 05, 2019
Latest Update: Dec. 05, 2019
Summary: JUDGMENT MICHAEL J. JUNEAU , District Judge . For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the (1) Motion to Dismiss For Failure To State A Claim pursuant to Rule 12(b)(5) and Rule 12(b)(6) filed by defendant, Mary Goode, [R
Summary: JUDGMENT MICHAEL J. JUNEAU , District Judge . For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the (1) Motion to Dismiss For Failure To State A Claim pursuant to Rule 12(b)(5) and Rule 12(b)(6) filed by defendant, Mary Goode, [Re..
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JUDGMENT
MICHAEL J. JUNEAU, District Judge.
For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record including the objections filed by petitioner, and having determined that the findings and recommendations are correct under the applicable law;
IT IS ORDERED that the (1) Motion to Dismiss For Failure To State A Claim pursuant to Rule 12(b)(5) and Rule 12(b)(6) filed by defendant, Mary Goode, [Rec. Doc. 23]; (2) Motion to Dismiss For Improper Venue And For Failure To State A Claim pursuant to Rule 12(b)(3) and Rule 12(b)(6), filed by defendant Fiberlene
L.L.C. [Rec. Doc. 24]; and, (3) Motion To Dismiss pursuant to Rule 12(b)(1), Rule 12(b)(2) and Rule 12(b)(6), filed by defendant Betty Goode, Individually and as Executrix of the Estate of Dale Goode, [Rec. Doc. 33] are GRANTED IN PART and Plaintiff's claims are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Motion To Strike [Rec. Doc. 38] is DENIED AS MOOT.
IT IS FURTHER ORDERED that Plaintiff's Motion[s] To Request the Court Rule On Jurisdiction Of Case [Rec. Docs. 50 and 53] are DENIED AS MOOT.
THUS DONE AND SIGNED in Lafayette, Louisiana, on this 3rd day of December, 2019.