Prassenos v. E.I. Du Pont de Nemours and Company et al

Filing 20

ORDER ADOPTING 18 REPORT AND RECOMMENDATIONS re 7 MOTION to Dismiss. Defendants' motion to dismiss is DENIED and Plaintiff's jury demand is STRICKEN.. Signed by Judge Kristi K. DuBose on 4/2/2014. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION EMMA PRASSENOS, Plaintiff, ) ) ) v. ) ) E.I. DuPONT DE NEMOURS AND ) COMPANY and BENEFLEX EMPLOYEE ) LIFE INSURANCE PLAN OF E.I. DuPONT ) DE NEMOURS AND COMPANY, ) Defendants. ) CIVIL ACTION NO. 13-00419-KD-C ORDER After due and proper consideration of the issues raised, and there having been no objections filed,1 the Report and Recommendation (Doc. 18) of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated March 17, 2014, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Defendants’ Motion to Dismiss (Doc. 7) is DENIED. It is further ORDERED that the Defendants’ request in the alternative to strike the Plaintiff’s jury demand (Doc. 7 at 2 n.1) is GRANTED and that the Plaintiff’s jury demand is STRICKEN. DONE and ORDERED this the 2nd day of April 2014. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 1 The Court has reviewed the Defendants’ “Response to Report and Recommendation of Magistrate Judge” (Doc. 19) but does not deem it to be an objection warranting de novo review under 28 U.S.C. § 636(b)(1).

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