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, )
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.
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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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