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Yolanda v. Love's Travel Stop Country Stores

United States District Court, W.D. Louisiana, Monroe Division
Aug 26, 2005
CIVIL ACTION No. 05-0191 (W.D. La. Aug. 26, 2005)

Opinion

CIVIL ACTION No. 05-0191.

August 26, 2005


JUDGMENT


The Report and Recommendation 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 HEREBY ORDERED, ADJUDGED, AND DECREED that the motion to dismiss filed by Defendant in this matter (Document No. 12) be GRANTED in Part and DENIED in Part as follows:

(1) Any claims brought by Andre White, Jr. and Andrea White in their own right are hereby dismissed WITHOUT prejudice for lack of legal capacity to sue, and the plaintiff is hereby granted 30 days from the date of this judgment to amend to allege claims on behalf of the minors in a representative capacity;
(2) Plaintiffs' claims under the Fourteenth Amendment of the United States Constitution are hereby dismissed with prejudice for failure to state a claim in that the complaint fails to allege state action and there is no basis to make such an allegation;
(3) Plaintiffs' claim for intentional infliction of emotional distress is hereby dismissed with prejudice as untimely; and
(4) Defendant's motion is DENIED as to Plaintiffs' survival action.


Summaries of

Yolanda v. Love's Travel Stop Country Stores

United States District Court, W.D. Louisiana, Monroe Division
Aug 26, 2005
CIVIL ACTION No. 05-0191 (W.D. La. Aug. 26, 2005)
Case details for

Yolanda v. Love's Travel Stop Country Stores

Case Details

Full title:ANDRE YOLANDA AND ANDREA WHITE on behalf of deceased ANDRE WHITE SR., v…

Court:United States District Court, W.D. Louisiana, Monroe Division

Date published: Aug 26, 2005

Citations

CIVIL ACTION No. 05-0191 (W.D. La. Aug. 26, 2005)