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)

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.