Ngo v. Thi et al

Filing 79

JUDGMENT ADOPTING 64 Report and Recommendations. Defendant's 37 Motion to Dismiss is DENIED without prejudice to defendant's right to reurge the motion if defendants are not served within forty-five days of issuance of this Judgment. Signed by Judge Rebecca F Doherty on 01/28/09. (crt,Guidry, C)

RECEIVED
JAN 2 82009
ROBERT Ft SHEMWELL CLERK WESTERN OISTR'Cl OF LOUISIANA LAFAYETTE, LOUISIANA

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOTJSAS DIVISION CIVIL ACTION NO. 08-00758

THUY HOA "TIFFANY" NGO, ADMIN1STRATRD( OF THE ESTATE OF MAE NGUYEN (DECEASED) AND AS GUARDIAN OF THE PERSON AND PROPERTY OF HER MINOR DAUGHTER, JESSICA NGUYEN VERSUS BACH VAN HA THE, PHAN NGUYEN, [N PERSONAM, AND F/V BAO NGOC, INREM JUDGMENT

JUDGE DOHERTY MAGISTRATE JUDGE METE[VIN

This matter was referred to United States Magistrate Judge Mildred E. Methvin for her Report and Recommendation. After an independent review of the record, the applicable

jurisprudence, and the objection filed by defendants Van Ha and Phan Nguyen, this Court concludes that the Report and Recommendation of the magistrate judge is correct and this Court adopts the findings and conclusions set forth therein. For the reasons stated in the Report and Recommendation previously filed herein, defendants Motion to Dismiss (Rec. Doc. 37) is DENTED without prejudice to defendants' right to reurge the motion if defendants are not served within forty-five days of issuance of this Judgement. Signed at Lafayette Louisiana on this
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day of January, 2009.

REBE~IAF. DOHWTY UNITfD STATES DISTRICT JUDGE