Rhyne et al v. Omni Energy Services Corp et al

Filing 52

JUDGMENT ADOPTING 51 Report and Recommendations. Accordingly, IT IS THEREFORE ORDERED ADJUDGED AND DECREED that the original motions to dismiss 23 Motion to Dismiss, filed by Brian J Recatto, Barry E Kaufman, Ronald D Mogel, Omni Energy Services Corp, Richard C White, Dennis R Sciotto, Edward E Colson, III, Ronald E Gerevas and 31 Motion to Dismiss filed by Richard Rick Adam Mager, Cove Partners L L C are DISMISSED AS MOOT. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants' superseding motions to dismiss 35 Motion to Dismiss filed by Richard Rick Adam Mager, Cove Partners L L C and 40 Motion to Dismiss, filed by Brian J Recatto, Barry E Kaufman, Ronald D Mogel, Omni Energy Services Corp, Dennis R Sciotto, Richard C White, Edward E Colson, III, Ronald E Gerevas are GRANTED IN PART AND DENIED IN PART as follows: All of plaintiff's federal law claims are dismissed with prejudice for failure to state a claim, and all of plaintiffs' state law claims are dismissed without prejudice to their reassertion in an appropriate state court. Signed by Judge Rebecca F Doherty on 06/23/09. (crt,Guidry, C)

RECEIVED
JUN 2 3 2009
ON~P MOORE. CLERK i WESTERN DiSTRiCT OF LOULSIANA LMAYEUE LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION C1VIL ACTION NO. 08-C V-00594

ROBERT H. RHINE, JR. BRENT TRAUTH VERSUS OMNI ENERGY SERVICES CORP. RICHARD ADAM "RICK" MAGER COVE PARTNERS, LLC DENNIS R. SCIOTTO EDWARD E. COLSON, III RICHARD C. WHITE BARRY E. KAUFMAN RONALD E. GEREVAS BRIAN J. RECATTO RONALD D. MOGEL

JUDGE DOHERTY MAGISTRATE JUDGE METHVIN

JUDGMENT This matter was referred to United States Magistrate Judge Mildred F. Methvin for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the original motions to dismiss (rec. docs. 23 and 31) are DISMISSED AS MOOT. IT IS FURTHER ORDERED, ADJUDGED AND DECREED that defendants' superceding motions to dismiss (rec. does. 35 and 40) are GRANTED IN PART AND DENIED IN PART as follows: All of plaintiffs' federal law claims are dismissed with

prejudice for failure to state a claim, and all of plaintiffs' state law claims are dismissed without prejudice to their reassertion in an appropriate state court. Lafayette, Louisiana, this ~51ay of
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2009.

REBECCA F. DOHER V UN1TEk~S~ATESISTRICT JUDGE D