Lawrence v. Louisiana Department of Insurance et al

Filing 17

RULING AND ORDER Adopting 16 Report and Recommendations, of the U.S. Magistrate Judge. Granting 11 Motion to Dismiss. Plaintiff's claims be and are hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.Judgment shall issue separately. Signed by Judge Brian A. Jackson on 9/24/2024. (EDC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
NELDA LAWRENCE CIVIL ACTION
VERSUS
LOUISIANA DEPARTMENT OF NO. 23-01359-BAJ-SDJ
INSURANCE, ET AL.

EULING AND ORDER
Plaintiff, proceeding pro se, filed a Complaint against Defendants Louisiana
Department of Insurance and the Louisiana Commissioner of Insurance1 for

discrimination on the basis of disability and retaliation for Plaintiff seeking
appropriate accommodations. (Doc. 1). On November 21, 2023, Defendants filed the

IVtotion To Dismiss Plaintiffs Complaint (Doc. 11, the "Motion") that is
presently before the Court. The Motion requests that the Court dismiss Plaintiffs
claims pursuant to Federal Rules of Civil Procedure 12(b)(l) and 12(b)(6). (Doc. 11).
The Motion is opposed. (Doc. 14). The Magistrate Judge has since issued a Report
and Recommendation (Doc. 16, the "K&R"), which recommends that Plaintiffs
claims be dismissed without prejudice for lack of subject matter jurisdiction.
Plaintiffs deadline to object to the R&R has passed, without any objection from
Plaintiff.
Now, upon de novo review and having carefully considered Plaintiffs

1 As noted in the Magistrate Judge's Report and Recommendation, at the time of Plaintiffs
Complaint, the Louisiana Commissioner of Insurance was James Donelon. In her Complaint,

Plaintiff listed James Donelon as a defendant in his official capacity. (<See Doc. 1 at p. 2).The
Louisiana Commissioner of Insurance is now Tim Temple.

Complaint, Defendant's M:otion, and all related filings, the Court APPROVES the
R&R and ADOPTS it as the Court's opinion in this matter.
Accordingly,

IT IS ORDERED that Defendants' Motion To Dismiss Plaintiffs
Complaint (Doc. 11) be and is hereby GRANTED.

IT IS FURTHER ORDEEED that Plaintiffs claims be and are hereby
DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.
Judgment shall issue separately.
Baton Rouge, Louisiana, this'*" • d^y of September, 2024

&- ^.
JUDGE BRIAN A. <^KSON
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA