Smith v. Monroe Warehouse Co et al

Filing 25

JUDGMENT adopting 22 Report and Recommendation of the Magistrate Judge re 11 Motion to Dismiss. IT IS ORDERED that the motion to dismiss is DENIED. IT IS FURTHER ORDERED that Plaintiff's request for appointment of a curator is DENIED at this time. IT IS FURTHER ORDERED that Plaintiff's request for an extension of time to serve Averette is GRANTED. Plaintiff is allotted an additional 60 days to perfect service and to file the return in the record. Signed by Judge Robert G James on 8/16/16. (crt,DickersonSld, D)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
DIETRA SMITH

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CIVIL ACTION NO. 15-2396

VERSUS

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JUDGE ROBERT G. JAMES

CHRIS AVERETTE, ET AL.

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MAG. JUDGE KAREN L. HAYES

JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no
objections thereto having been filed, and finding that same is supported by the law and the record
in this matter,
IT IS ORDERED that the motion to dismiss for insufficient service of process, pursuant
to Federal Rule of Civil Procedure 12(b)(5) [Doc. No. 11], filed by Defendant Chris Averette
(“Averette”) is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s request for appointment of a curator is
DENIED at this time.
IT IS FURTHER ORDERED that Plaintiff’s request for an extension of time to
serve Averette is GRANTED. Plaintiff is allotted an additional 60 days to perfect service and to
file the return in the record.
MONROE, LOUISIANA, this 16th day of August, 2016.