McIver v. Exxon Mobil Corporation et al

Filing 34

ORDER ADOPTING the 29 REPORT AND RECOMMENDATIONS and GRANTING the 18 MOTION to Dismiss Count III by Exxonmobil Medicare Supplement Plan. Count III is hereby dismissed as to defendant EMMSP. The 17 MOTION to Dismiss by Exxon Mobil Corporation is MOOT. Signed by Judge William H. Steele on 2/2/09. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAVID McIVER, Plaintiff, v. EXXONMOBIL MEDICARE SUPPLEMENT PLAN, et al., Defendants. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION 08-0461-WS-C

ORDER This matter comes before the Court on the Motions to Dismiss (docs. 17, 18) filed by defendants Exxon Mobil Corporation (the "Corporation") and ExxonMobil Medicare Supplement Plan ("EMMSP"), respectively. On January 7, 2009, Magistrate Judge Cassady entered a Report and Recommendation (doc. 29) recommending that both motions be granted. More specifically, the Magistrate Judge recommended that all claims against the Corporation be dismissed and that Count III be dismissed as to defendant EMMSP. Plaintiff did not file objections to the Report and Recommendation within the 10-day period prescribed by 28 U.S.C. § 636(b)(1)(C), Rule 72(b)(2), Fed.R.Civ.P., and Local Rule 72.4(a). On January 14, 2009, after entry of the Report and Recommendation, the undersigned entered an Order (doc. 30) allowing plaintiff to amend the Complaint to eliminate all claims against the Corporation. Thus, as currently configured, this lawsuit no longer involves any claims against Exxon Mobil Corporation, and that entity's Motion to Dismiss (doc. 17) is moot. As for EMMSP's Motion to Dismiss, after careful review of the court file, the undersigned adopts the Report and Recommendation and grants the Motion to Dismiss (doc. 18). Count III is hereby dismissed as to defendant EMMSP. DONE and ORDERED this 2nd day of February, 2009. s/ WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE