McCoy v. Mallinckrodt Pharmaceuticals, Inc. et al (JOINT ASSIGN)(MAG2)

Filing 74

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Life Insurance Company of North America's 72 Objections are overruled. (2) The United States Magistrate Judge's 69 Recommendation is adopted. (3) Def endant Life Insurance Company of North America's 51 Motion to Dismiss is denied. (4) Defendant Cigna Corporation's 50 Motion to Dismiss is granted. (5) Plaintiff Kimberly McCoys claims against defendant Cigna Corporation are dismissed w ith prejudice, and defendant Cigna Corporation isterminated as a party to this lawsuit. (6) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgmentpursuant to FRCP 58. This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/14/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KIMBERLY McCOY,

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Plaintiff,
v.
MALLINCKRODT
PHARMACEUTICALS, INC.;
et al.,
Defendants.

CIVIL ACTION NO.
2:15cv723-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendant

Life

Insurance

Company

of

North

America's objections (doc. no. 72) are overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 69) is adopted.
(3) Defendant

Life

Insurance

Company

of

North

America’s motion to dismiss (doc. no. 51) is denied.
(4) Defendant Cigna Corporation’s motion to dismiss
(doc. no. 50) is granted.

(5)

Plaintiff

defendant

Cigna

prejudice,

and

Kimberly

McCoy’s

Corporation
defendant

are

claims

against

dismissed

Cigna

Corporation

with
is

terminated as a party to this lawsuit.
(6) No costs are taxed.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is not closed, and is referred back to
the magistrate judge for further proceedings.
DONE, this the 14th day of April, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE