Bentley v. L C M Corp et al

Filing 53

JUDGMENT ADOPTING 48 Report and Recommendations on IT IS ORDERED, ADJUDGED AND DECREED that LCM Corporation's 4 Motion to Dismiss Plaintiff's complaint in its entirety is DENIED as it alleges a claim for breach of contract. Plaintiff� 39;s claims for expectation damages and injunctive relief are not dismissed. IT IS FURTHER ORDERED that plaintiff's cl;aims for tortious breach of contract, attorneys fees, reliance damages and restitution are DISMISSED WITH PREJUDICE. Signed by Judge Rebecca F Doherty on 03/30/09. (crt,Guidry, C)

RECEIVED
MAR 3 0 2009
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ROBERT H HEM~~/LLL LERK C WESTERN D'STR'Cl OF LOUISIANA LAFAYETTE, LOUISIANA

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOU5AS DIVISION CASE NO.: O8-CV-1017 JUDGE DOHERTY MAGISTRATE JUDGE METHVIN

RICHARD C. BENTLEY VS. LCM CORPORATION DANNY R. HUBBARD, II

JUDGMENT This matter was referred to United States Magistrate Judge Mildred E. Methvin for her Report and Recommendation. Afler an independent review of the record and the applicable jurisprudcnce. and noting the absence of objection, this Court concludes that the Findings and Recommendation of the magistrate judge are correct and this Court adopts the conclusions set forth therein. Accordingly. IT IS ORDERED, AD.IUDGED AND DECREED that LCM Corporation's motion to dismiss plaintiffs complaint in its entirety is DENIED as it alleges a claim for breach of contract. Plaintiffs claims for expectation damages and injunctive relief are not dismissed. IT IS FURTHER ORDERED that plaintiffs claims for tortious breach of contract, attorneys fees, reliance damages and restitution are DISMISSED WITH PREJUDICE. Lafayette, Louisiana this 3Dday ofll4 ~
,

2009.

REBECCA F. DOHERTY UNITED STATES DiSTRICT JUDGE