McZeal v. Southern Consumers Coop Inc et al

Filing 109

JUDGMENT ADOPTING 103 Report and Recommendations, 74 Motion for Partial Summary Judgment, filed by Alfred McZeal, Sr, and 84 Motion for Judgment on the Pleadings, Motion for Partial Summary Judgment filed by Alfred McZeal, Sr. be DENIED. IT IS FURTHER ORDERED that all of plaintiff's claims under ERISA for breach of fiduciary duties, his request for declaratory judgment and equitable relief under ERISA, as well as plaintiff's negligence and all other claims asserted under Louisiana state law be DISMISSED WITH PREJUDICE. Signed by Judge Rebecca F Doherty on 05/07/09. (crt,Guidry, C)

RECEIVED
MAY -72OQ9~
TONY R MOORE. CLERK WESTERN U~STR~COF LOUISIANA T LAFAYETTE. LOUiSIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA CIVIL ACTION NO. 05-1080 JUDGE DOHERTY MAGISTRATE JUDGE HILL

ALFRED MCZEAL, SR. VS. SOUTHERN CONSUMERS COOP, INC., ET AL. JUDGMENT

For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, and after an independent review of the record, determining that the findings are correct under the applicable law, and considering the objections to the Report and Recommendation in the record; IT IS ORDERED that the plaintiffs Motions for Partial Summary Judgment [rec. docs. 74 and 84] be DENIED. IT IS FURTHER ORDERED that all of plaintiffs claims under ERISA for breach of fiduciary duties, his request for declaratory judgment and equitable relief under
ERISA, as well as plaintiffs negligence and all other claims asserted under Louisiana state law be DISMiSSED WITH PREJUDICE.

THUS DONE AND SIGNED, in chambers, in Lafayette, Louisiana, on this
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day of

DISTRICT JUDG