USA v. Kennedy et al

Filing 37

JUDGMENT ADOPTING 33 Report and Recommendation of the Magistrate Judge. ORDER denying 9 Motion to Dismiss for lack of subject matter jurisdiction; for failure to state a claim; or alternatively stay the action. ORDER denying 21 Motion to Stay procedures for 180 days and remand to an administrative law judge. Signed by Judge Robert G James on 10/25/2017. (crt,Crawford, A)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION UNITED STATES OF AMERICA : CIVIL ACTION NO. 17-0396 VS. : JUDGE ROBERT G. JAMES WILLIE CHARLES KENNEDY AND BARBARA W. KENNEDY : MAG. JUDGE KAREN L. HAYES JUDGMENT The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections thereto 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 that Defendants’ motions: 1) to dismiss for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1); for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6); or alternatively stay the action [Doc. No. 9]; and 2) to stay procedures for 180 days and to remand the matter to an administrative law judge for hearing [Doc. No. 21] are hereby DENIED. MONROE, LOUISIANA, this 25th day of October, 2017.

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