Summary
adopting recommendation for dismissal of non-diverse safety supervisor for refinery where the plaintiff failed to provide more than generalized conclusory allegations regarding supervisor's duties and failed to allege that supervisor had any particular knowledge as to the hazard
Summary of this case from Deggs v. Fives Bronx, Inc.Opinion
CIVIL ACTION NO. 18-899-JWD-EWD
06-24-2019
JEPRECE ROUSSELL v. PBF CONSULTANTS, LLC, ET AL.
OPINION
After an independent review of the entire record and for the reasons set forth in the Magistrate Judge's Report and Recommendation dated April 15, 2019 (Doc. 28), to which an objection was filed (Doc. 30);
IT IS ORDERED that the Report and Recommendation of the Magistrate Judge is hereby adopted in part, dismissing Plaintiff's claims against John Sprafka and Wayne LaCombe WITHOUT PREJUDICE. Because Defendants PBF Consultants, LLC and PBF Investments, LLC have been voluntarily dismissed (see Doc. 32), that portion of the Report and Recommendation is rejected.
IT IS FURTHER ORDERED that the remainder of the report and recommendation of the Magistrate Judge is hereby adopted, denying Plaintiff's motion to remand. (Doc. 12.)
IT IS FURTHER ORDERED that this matter is referred to the Magistrate Judge for a scheduling conference.
Signed in Baton Rouge, Louisiana, on June 24, 2019.
/s/ _________
JUDGE JOHN W. deGRAVELLES
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA