Summary
finding that "in the absence of a curative amendment, dismissal on the contra non valentem argument is recommended," where plaintiff "alleges no facts to show that she made reasonable efforts to investigate"
Summary of this case from Dalrymple v. U.S. Postal Serv.Opinion
CIVIL ACTION NO. 317-CV-00981
09-10-2019
MARGARET MCDONALD v. NATIONWIDE BUILDING SERVICES INC., ET AL
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct, and that judgment as recommended is warranted,
IT IS ORDERED, ADJUDGED, AND DECREED that Defendant United Specialty Insurance Company's ("USIC") Motion to Dismiss [Doc. No. 73] is GRANTED. Plaintiff's claims against USIC are DISMISSED WITH PREJUDICE.
Monroe, Louisiana, this 10th day of September, 2019.
/s/ _________
TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE