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)

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).