Summary
finding that the employer was improperly joined and the plaintiff's allegations did not support a finding that his employer knew that his illness was substantially certain to occur.
Summary of this case from Garcia v. Westlake Chem. Corp.Opinion
CIVIL ACTION 15-644-SDD-RLB
02-29-2016
MICHAEL WILLIAMS v. SYNGENTA CORPORATION, ET AL.
RULING
The Court has carefully considered the Petition, the record, the law applicable to this action, and the Report and Recommendation of United States Magistrate Judge Richard L. Bourgeois, Jr. dated February 3, 2016. Plaintiffs have filed an objection which the Court has also considered.
Rec. Doc. 1-2.
Rec. Doc. 49.
Rec. Doc. 52.
The Court hereby approves the Report and Recommendation of the Magistrate Judge and adopts it as the Court's opinion herein. Accordingly;
IT IS ORDERED that the Plaintiffs Motion to Remand be denied.
Rec. Doc. 24.
IT IS FURTHER ORDERED that PCS's Motion to Strike be granted in part and denied in part, in that the materials at issue should only be considered for the limited purposes set forth in the Magistrate Judge's report and recommendation.
Rec. Doc. 32.
IT IS FURTHER ORDERED that PCS's Motion to Dismiss be granted in part and denied in part, in that Plaintiff's claims against PCS be dismissed without prejudice.
Rec. Doc. 20. --------
IT IS FURTHER ORDERED that, on or before February 22, 2016, Plaintiff shall file a motion for leave to amend, attaching a proposed amended pleading, or this matter as to PCS will be dismissed with prejudice.
Baton Rouge, Louisiana the 29 day of February, 2016.
/s/ _________
SHELLY D. DICK, DISTRICT JUDGE
MIDDLE DISTRICT OF LOUISIANA