Union Pacific Railroad Co v. Taylor Truck Line Inc et al

Filing 269

JUDGMENT ADOPTING 256 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that 134 and 149 Motions to Dismiss filed by Robert G Taylor Trust and Robert G Taylor, as trustee of the Robert G Taylor Trust are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Co, R&L Builders Supply Inc, and R&L Properties of Oak Grove's claims against the Robert G Taylor Trust are hereby DISMISSED WITH PREJUDICE. Union Pacific Railroad Co, R&L Builders Su pply Inc, and R&L Properties of Oak Grove's claims against Robert G Taylor, as trustee of the Robert G Taylor Trust, are hereby DISMISSED WITHOUT PREJUDICE. The motions are otherwise DENIED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that [1 43] and 145 Motions to Dismiss filed by Robert G Taylor, individually, are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Co, R&L Builders Supply Inc, and R&L Properties of Oak Grove's claims against Robert G Taylor individually, are hereby DISMISSED WITHOUT PREJUDICE. The motions are otherwise DENIED. Signed by Judge Robert G James on 12/28/16. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION UNION PACIFIC RAILROAD COMPANY CIVIL ACTION NO. 15-0074 VERSUS JUDGE ROBERT G. JAMES TAYLOR TRUCK LINE, INC., ET AL. MAG. JUDGE KAREN L. HAYES --(consolidated with)-R & L BUILDERS SUPPLY, INC., ET AL. CIVIL ACTION NO. 15-2460 VERSUS JUDGE ROBERT G. JAMES UNION PACIFIC RAILROAD COMPANY, ET AL. MAG. JUDGE KAREN L. HAYES JUDGMENT The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections and responses filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct, IT IS ORDERED, ADJUDGED, AND DECREED that the Rule 12(b) motions to dismiss [Doc. Nos. 134 & 149] filed by Robert G. Taylor Trust and Robert G. Taylor, as trustee of the Robert G. Taylor Trust, are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove’s claims against the Robert G. Taylor Trust are hereby DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(6). Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove’s claims against Robert G. Taylor, as trustee of the Robert G. Taylor Trust, are hereby DISMISSED WITHOUT PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(2). These motions [Doc. Nos. 134 & 149] are otherwise DENIED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Rule 12(b) motions to dismiss [Doc. Nos. 143 & 145] filed by Robert G. Taylor, in his individual capacity, are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove’s claims against Robert G. Taylor, individually, are hereby DISMISSED WITHOUT PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(2). These motions [Doc. Nos. 143, & 145] are otherwise DENIED. MONROE, LOUISIANA, this 28th day of December, 2016. 2

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