Opinion
CIVIL ACTION NO. 12-0681 CIVIL ACTION NO. 12-1220
11-29-2012
TRANSAMERICA LIFE INSURANCE CO. v. BETTYE A. MCKINNEY and CLESI MCKINNEY NEITZ PROTECTIVE LIFE INSURANCE CO. v. BETTYE A. MCKINNEY and CLESI MCKINNEY NEITZ
JUDGE JAMES T. TRIMBLE, JR.
MAG. JUDGE KAREN L. HAYES
(consolidated with)
JUDGMENT
The Report and Recommendation (R. #52) of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter,
IT IS ORDERED that the motion to dismiss for failure to state a claim upon which relief can be granted [R. # 21] filed by defendant-in-counterclaim Transamerica Life Insurance Company is GRANTED, and that the counterclaim filed by Clesi McKinney Neitz is hereby DISMISSED, with prejudice. Fed.R.Civ.P. 12(b)(6).
THUS DONE AND SIGNED in chambers, Alexandria, Louisiana, this 29th day of November, 2012.
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JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE