Davis v. The Prudential Insurance Company of America

Filing 23

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Dft Prudential Insurance Company of America's 8 motion to dismiss is granted; (2) This lawsuit is dismissed in its entirety without prejudice and with leave to plf Ch arles M. Davis to file, within 14 days, a motion to set aside the dismissal and to amend the complaint to assert a viable ERISA claim, if a viable ERISA claim does exist; further ORDERED that costs are taxed against plf Davis, for which execution may issue; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 9/29/2015. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CHARLES M. DAVIS, Plaintiff, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv43-MHT (WO) JUDGMENT In accordance with the opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Prudential Insurance America’s motion to dismiss (doc. no. Company of 8) is granted. (2) This lawsuit is dismissed in its entirety without prejudice and with leave to plaintiff Charles M. Davis to file, within 14 days, a motion to set aside the dismissal and to amend the complaint to assert a viable ERISA claim, if a viable ERISA claim does exist. It is further ORDERED that costs are taxed against plaintiff Davis, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. DONE, this the 29th day of September, 2015. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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