Piro v. Nexstar Broadcasting Inc et al

Filing 44

JUDGMENT: For the reasons set forth in this Court's Ruling 43 , and the Report and Recommendation of the Magistrate Judge 38 , IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 14 MOTION to Dismiss All Claims filed by Nexstar Broadcasti ng Inc,and 22 MOTION to Dismiss For Failure to State a Claim Guardian Life Insurance Company of America filed by Guardian Life Insurance Co of America be GRANTED and Plaintiff Paul Piros claim under the Employee Retirement Income Security Act of 1974 be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. IT IS FURTHER ORDERED that Defendants' 21 MOTION for Partial Summary Judgment filed by Guardian Life Insurance Co of America, and 23 MOTIO N for Partial Summary Judgment filed by Nexstar Broadcasting Inc be DENIED AS MOOT. IT IS FURTHER ORDERED that Piro is granted leave to file his amended complaint 42 . IT IS FURTHER ORDERED that Piro shall file a status report regarding the progress of his administrative claim by January 8, 2012. ( Status Report due by 1/8/2013). Signed by Chief Judge Robert G James on 6/8/12. (crt,DickersonSld, D)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION PAUL PIRO CIVIL ACTION NO. 11-2049 VERSUS JUDGE ROBERT G. JAMES NEXSTAR BROADCASTING, INC., ET AL. MAG. JUDGE KAREN L. HAYES JUDGMENT For the reasons set forth in this Court’s Ruling, and the Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto, and, after a de novo review of the record, finding that the Magistrate Judge’s Report and Recommendation is correct and that judgment as recommended therein is warranted, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants Nexstar Broadcasting, Inc. and Guardian Life Ins. Corp. of America’s (collectively, “Defendants”) motions to dismiss for failure to state a claim upon which relief can be granted [Doc. Nos. 14 & 22] be GRANTED and Plaintiff Paul Piro’s (“Piro”) claim under the Employee Retirement Income Security Act of 1974, 20 U.S.C. §1001, et seq. be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. IT IS FURTHER ORDERED that Defendants’ motions for partial summary judgment [Doc. Nos. 21 &23] be DENIED AS MOOT. IT IS FURTHER ORDERED that Piro is granted leave to file his amended complaint. [Doc. No. 42]. IT IS FURTHER ORDERED that Piro shall file a status report regarding the progress of his administrative claim by January 8, 2013. THUS DONE AND SIGNED this 8th day of June, 2012, in Monroe, Louisiana. 2

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