Thibodeaux v. AT&T Mobility Servs., LLC

Full title: KELLY MARIE THIBODEAUX v. AT&T MOBILITY SERVICES, LLC AND/OR AT&T CORP…

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

Date published: May 5, 2017

CIVIL ACTION NO. 6:17-CV-00261 (W.D. La. May. 5, 2017)

Opinion

CIVIL ACTION NO. 6:17-CV-00261

05-05-2017

KELLY MARIE THIBODEAUX v. AT&T MOBILITY SERVICES, LLC AND/OR AT&T CORP. AND/OR AT&T INC.

JUDGE DOHERTY

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,

(1) the defendants' Fed. R. Civ. P. 12(b)(5) motion with regard to defendant AT&T Inc. is GRANTED, and the claims asserted against AT&T Inc. are dismissed without prejudice for insufficient service;

(2) the defendants' Fed. R. Civ. P. 12(b)(2) motion with regard to defendant AT&T Inc. is GRANTED, and the claims asserted against AT&T Inc. are dismissed without prejudice for lack of personal jurisdiction;

(3) the plaintiff is given an opportunity to amend her complaint to identify, with specificity and without equivocation, her employer at the time of the events sued upon and shall do so not later than June 5, 2017; and

(4) the defendants' Fed. R, Civ. P. 12(b)(6) motion with regard to defendants AT&T Mobility Services, LLC and AT&T Corp. is DENIED without prejudice to their right to refile the motion, if necessary and appropriate, following the plaintiff's amendment of her complaint.

Lafayette, Louisiana, this 5^th day of May, 2017.

/s/_________

REBECCA F. DOHERTY

UNITED STATES DISTRICT JUDGE