Opinion
Civil Action 3:19-1305
03-17-2022
HESHAM ISMAIL, Plaintiff v. MCDERMOTT INTERNATIONAL, INC., formerly CB&I, et al., Defendants
ORDER
MALACHY E. MANNION United States District Judge
In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) The plaintiff's objections to the report and recommendation of Judge Schwab (Doc. 120) are OVERRULED.
(2) The report of Judge Schwab recommending that the Honeywell defendants' motion to dismiss be granted (Doc. 118) is ADOPTED IN ITS ENTIRETY AS THE DECISION OF THE COURT.
(3) The plaintiff's second amended complaint (Doc. 84) is DISMISSED as against the Honeywell defendants only without further leave to amend. 1
(4) As a result of the dismissal of the plaintiff's second amended complaint against the Honeywell defendants, the report of Judge Schwab relating to the Honeywell defendants' motion for protective order and motion to compel discovery (Doc. 119) is ADOPTED to the extent that the motion for protective order (Doc. 104) and the motion to compel discovery (Doc. 112) are DISMISSED AS MOOT.
(5) The instant action is REMANDED to Judge Schwab for further proceedings relating to the remaining defendant. 2