Opinion
Civil No. 3:11-1214
09-19-2012
DRU D. BUCHAN, Plaintiff, v. NPC INTERNATIONAL, INC., et al., Defendants.
Judge Trauger
ORDER
On August 23, 2012, the Magistrate Judge issued a Report and Recommendation, (Docket No. 23) to which no timely objections have been filed. The Report and Recommendation is therefore ACCEPTED and made the findings of fact and conclusions of law of this court. For the reasons expressed therein, it is hereby ORDERED that the Motion to Dismiss filed by Defendant NPC International, Inc. (Docket No. 5) which has been joined in by defendant SIGNA (Docket No.10), is GRANTED in part and DENIED in part.
It is hereby ORDERED that the plaintiff's state law tort claims are DISMISSED, and his remaining claims shall be construed as claims under ERISA.
It is hereby ORDERED that this case is returned to the Magistrate Judge for further handling under the original referral order.
It is so ORDERED.
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ALETA A. TRAUGER
U.S. District Judge