Horne v. J C Penney Corp Inc et al

Filing 20

JUDGMENT ADOPTING 17 Report and Recommendations granting in part and denying in part 6 Motion to Partially Dismiss. To the extent that Defendants move for dismissal of Plaintiffs claim for breach of fiduciary duty and associated prayer for an equitable surcharge, the motion is GRANTED and those claims are DISMISSED WITH PREJUDICE. To the extent that Defendants request attorneys' fees and costs, the motion is DENIED. Signed by Judge Robert G James on 11/12/14. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
ALMA HORNE

CIVIL ACTION NO. 14CV2383

VERSUS

JUDGE ROBERT G. JAMES

J.C. PENNEY CORPORATION, ET AL

MAGISTRATE JUDGE HAYES

JUDGMENT
Upon consideration of the Report and Recommendation of the Magistrate Judge [Doc. No.
17], no objections thereto having been filed, and for the reasons set forth in the Report and
Recommendation,
IT IS ORDERED, ADJUDGED and DECREED that Defendants’ Motion to Partially
Dismiss [Doc. No. 6] is GRANTED IN PART AND DENIED IN PART.

To the extent that

Defendants move for dismissal of Plaintiff’s claim for breach of fiduciary duty and associated
prayer for an “equitable surcharge,” the motion is GRANTED and those claims are DISMISSED
WITH PREJUDICE. To the extent that Defendants request attorneys’ fees and costs, the motion
is DENIED.
MONROE, LOUISIANA, this 12th day of November, 2014.