Estate of Brown v. N.Y. Life Ins. Co.

Full title: THE ESTATE OF JESSE CLARENCE BROWN, SR. v. NEW YORK LIFE INSURANCE…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

Date published: Apr 3, 2018

CIVIL ACTION NO. 17-1486 (W.D. La. Apr. 3, 2018)

Opinion

CIVIL ACTION NO. 17-1486

04-03-2018

THE ESTATE OF JESSE CLARENCE BROWN, SR. v. NEW YORK LIFE INSURANCE COMPANY, ET AL.

JUDGE TERRY A. DOUGHTY

MAG. JUDGE KAREN L. HAYES

JUDGMENT

The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct,

IT IS ORDERED that the motion to remand [Doc. No. 7] filed by Plaintiffs, the heirs of the Estate of Jesse Clarence Brown, Sr., is DENIED.

IT IS FURTHER ORDERED that the motion to dismiss for failure to state a claim upon which relief can be granted [Doc. No. 10] filed by Defendant Jim Donelon, in his capacity as Commissioner of Insurance, is DENIED.

IT IS FURTHER ORDERED that Plaintiffs' claims against Jim Donelon, in his capacity as Commissioner of Insurance, are DISMISSED WITHOUT PREJUDICE.

MONROE, LOUISIANA, this 3^rd day of April, 2018.

/s/_________

TERRY A. DOUGHTY

UNITED STATES DISTRICT JUDGE