From Casetext: Smarter Legal Research

Kelly v. Physicians Mut.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Aug 6, 2020
CASE NO. 6:20-CV-00646 (W.D. La. Aug. 6, 2020)

Opinion

CASE NO. 6:20-CV-00646

08-06-2020

BRITTANY KELLY v. PHYSICIANS MUTUAL ET AL


MAGISTRATE JUDGE HANNA

JUDGMENT

This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judge's report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly,

IT IS ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, Physicians Mutual Ins. Co. and Trevor Braun's Motion to Dismiss (Rec. Doc. 14) is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Plaintiff's LEDL and Title VII claims against Braun are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, James Shute's Motion to Dismiss (Rec. Doc. 9) is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. Plaintiff's LEDL and Title VII claims against Shute are DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, consistent with the report and recommendation, Plaintiff shall have fifteen (15) days to amend the complaint in order to assert further factual allegations in support of her IIED claim. Defendants shall have the opportunity to re-urge the motion to dismiss thereafter.

Signed at Lafayette, Louisiana, this 6th day of August, 2020.

/s/_________

MICHAEL J. JUNEAU

UNITED STATES DISTRICT JUDGE


Summaries of

Kelly v. Physicians Mut.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
Aug 6, 2020
CASE NO. 6:20-CV-00646 (W.D. La. Aug. 6, 2020)
Case details for

Kelly v. Physicians Mut.

Case Details

Full title:BRITTANY KELLY v. PHYSICIANS MUTUAL ET AL

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

Date published: Aug 6, 2020

Citations

CASE NO. 6:20-CV-00646 (W.D. La. Aug. 6, 2020)