Dodson v. Aetna Life Insurance Company

Filing 13

ORDER as follows: (1) The (1) The Recommendation is ADOPTED; (2) Defendants Motion to Dismiss Plaintiffs State-Law Claims and to Strike Plaintiffs Jury Demand (Doc. 8 ) is GRANTED; (3) Plaintiffs complaint, which consists solely of state-law cla ims, is DISMISSED without prejudice to his ability to file an amended complaint asserting claims under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. 1001, et seq. (4) Plaintiff is DIRECTED to file on or before March 30, 2018, an Amen ded Complaint that brings claims under ERISA and that omits a jury demand. Failure to file an Amended Complaint by the March 30 deadline will result in dismissal of this action. Signed by Chief Judge William Keith Watkins on 3/19/2018. (dmn, )

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
BRIAN DODSON,
Plaintiff,
v.
AETNA LIFE INSURANCE CO.,
Defendant.

)
)
)
)
)
)
)
)
)

CASE NO. 3:17-CV-343-WKW

ORDER
On March 1, 2018, the Magistrate Judge filed a Recommendation to which
no timely objections have been filed. (Doc. # 12.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED as
follows:
(1)

The Recommendation is ADOPTED;

(2)

Defendant’s Motion to Dismiss Plaintiff’s State-Law Claims and to

Strike Plaintiff’s Jury Demand (Doc. # 8) is GRANTED;
(3)

Plaintiff’s complaint, which consists solely of state-law claims, is

DISMISSED without prejudice to his ability to file an amended complaint
asserting claims under the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. § 1001, et seq.

(4)

Plaintiff is DIRECTED to file on or before March 30, 2018, an

Amended Complaint that brings claims under ERISA and that omits a jury
demand. Failure to file an Amended Complaint by the March 30 deadline
will result in dismissal of this action.
DONE this 19th day of March, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2