Brown v. New York Life Insurance Co

Filing 35

JUDGMENT adopting 25 Report and Recommendation of the Magistrate Judge Denying 7 Motion to Remand; Denying 10 Motion to Dismiss. It is Further Ordered that Plaintiff's claims against Jim Donelon, in his capacity as Commissioner of Insurance, are Dismissed Without Prejudice. Signed by Judge Terry A Doughty on 4/3/2018. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
MONROE DIVISION
THE ESTATE OF JESSE CLARENCE
BROWN, SR.

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CIVIL ACTION NO. 17-1486

VERSUS

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JUDGE TERRY A. DOUGHTY

NEW YORK LIFE INSURANCE
COMPANY, ET AL.

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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 the motion to remand [Doc. No. 7] filed by Plaintiffs, the heirs of
the Estate of Jesse Clarence Brown, Sr., is DENIED.
IT IS FURTHER ORDERED that the motion to dismiss for failure to state a claim upon
which relief can be granted [Doc. No. 10] filed by Defendant Jim Donelon, in his capacity as
Commissioner of Insurance, is DENIED.
IT IS FURTHER ORDERED that Plaintiffs’ claims against Jim Donelon, in his capacity
as Commissioner of Insurance, are DISMISSED WITHOUT PREJUDICE.
MONROE, LOUISIANA, this 3rd day of April, 2018.

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TERRY A. DOUGHTY
UNITED STATES DISTRICT JUDGE