Williams v. Syngenta Corporation et al

Filing 54

RULING Adopting 49 Report and Recommendation of the U.S. Magistrate Judge: The Plaintiff's 24 Motion to Remand is denied. PCS's 32 Motion to Strike is granted in part and denied in part, in that the materials at issue should only be considered for the limited purposes set forth in the Magistrate Judge's report and recommendation. PCS's 20 Motion to Dismiss is granted in part anddenied in part, in that Plaintiff's claims against PCS be dismissed without prejudice. On or before February 22, 2016, Plaintiff shall file a motion for leave to amend, attaching a proposed amended pleading, or this matter asto PCS will be dismissed with prejudice. Signed by Judge Shelly D. Dick on 2/29/2016. (BCL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MICHAEL WILLIAMS
CIVIL ACTION
VERSUS
15-644-SDD-RLB
SYNGENTA CORPORATION, ET AL.

RULING

The Court has carefully considered the Petition,1 the record, the law applicable to
this action , and the Report and Recommendation 2 of United States Magistrate Judge
Richard L. Bourgeois, Jr. dated February 3, 2016. Plaintiffs have filed an objection3 wh ich
the Court has also considered .
The Court hereby approves the Report and Recommendation of the Magistrate
Judge and adopts it as the Court's opinion herein. Accord ingly;
IT IS ORDERED that the Plaintiffs Motion to Remand4 be denied.
IT IS FURTHER ORDERED that PCS's Motion to Strike 5 be granted in part and

denied in part, in that the materials at issue should only be considered for the limited
purposes set forth in the Magistrate Judge's report and recommendation.
IT IS FURTHER ORDERED that PCS's Motion to Dismiss6 be granted in part and

denied in part, in that Plaintiff's claims against PCS be dismissed without prejudice.

1

Rec. Doc. 1-2.
Rec. Doc. 49.
3 Rec. Doc. 52.
4 Rec. Doc. 24.
s Rec. Doc. 32.
s Rec. Doc. 20.
2

IT IS FURTHER ORDERED that, on or before February 22, 2016, Plaintiff shall file
a motion for leave to amend , attaching a proposed amended pleading, or this matter as
to PCS will be dismissed with prejudice.
Baton Rouge, Louisiana the 2 9
day of February, 2016.

SHELLY D.
K, DISTRICT JUDGE
MIDDLE Dl TRICT OF LOUISIANA