Opinion
CIVIL ACTION NO. 20-00177-BAJ-RLB
12-10-2020
JAMES J. DONELON, Commissioner of Insurance for the State of Louisiana, in his Capacity as Rehabilitator of Excalibur National Holdings, Inc. v. JEFFREY C. POLLICK, ET AL.
RULING AND ORDER
Before the Court is Plaintiff's Motion for Leave to File First Amended and Restated Petition for Damages and Jury Demand (Doc. 22) ("Motion to Amend"), and Plaintiff's Motion for Remand (Doc. 23). The Magistrate Judge has issued a Report and Recommendation (Doc. 87), recommending that each motion be denied. Plaintiff objects to the Magistrate Judge's Report (Doc. 88).
Having carefully considered Plaintiff's motions and related filings—including the Notice of Removal, state court record, and Plaintiff's objections to the Magistrate Judge's Report—the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly,
IT IS ORDERED that Plaintiff's Motion for Remand (Doc. 23) be and is hereby DENIED.
IT IS FURTHER ORDERED that Plaintiff's claims against Dennis P. Neyland be and are hereby DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiff's Motion for Leave to File First Amended and Restated Petition for Damages and Jury Demand (Doc. 22) be and is hereby DENIED.
Baton Rouge, Louisiana, this 10th day of December, 2020
/s/ _________
JUDGE BRIAN A. JACKSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA