Oswalt v. Sedgwick Claims Management Services Inc. et al(MAG+)(LEAD)

Filing 46

ORDER as follows: 1. Plaintiff's 42 Objection is OVERRULED; 2. the 41 Recommendation is ADOPTED; and 3. Plaintiff's consolidated actions are DISMISSED without prejudice based upon Plaintiff's lack of standing to pursue the causes of action he asserts in his complaint or those he seeks to assert by amendment against Defendants. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 4/8/2015. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JONATHAN D. OSWALT, Plaintiff, v. SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendant. JONATHAN D. OSWALT, Plaintiff, v. BELLSOUTH TELECOMMUNICATIONS, LLC, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:14-CV-956-WKW CASE NO. 3:14-CV-968-WKW ORDER On March 13, 2015, the Magistrate Judge filed a Recommendation in this case. (Doc. # 41.) On March 23, 2015, Plaintiff filed a Notice of Appeal of the Recommendation, which is construed as an objection to the Recommendation. (Doc. # 42.) The court has conducted an independent and de novo review of those portions of the Recommendation to which objection is made. See 28 U.S.C. § 636(b). Based upon that review, it is ORDERED as follows: 1. Plaintiff’s objection (Doc. # 42) is OVERRULED; 2. the Recommendation (Doc. # 41) is ADOPTED; and 3. Plaintiff’s consolidated actions are DISMISSED without prejudice based upon Plaintiff’s lack of standing to pursue the causes of action he asserts in his complaint or those he seeks to assert by amendment against Defendants. A final judgment will be entered separately. DONE this 8th day of April, 2015. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 2

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