Simon v. Express Scripts Inc et al
Filing 41
MEMORANDUM RULING This Court ADOPTS the re 38 REPORT AND RECOMMENDATIONS. Therefore, IT IS ORDERED that the 13 MOTION to Dismiss Plaintiff's Claims filed by Express Scripts Inc is GRANTED, and plaintiff's claims - couched as they are under state law- are DENIED AND DISMISSED, without prejudice to the plaintiff to amend her complaint to re-state her claims under ERISA. Consequently, the case is not closed at this juncture, for the reasons more fully discussed hereinabove. IT IS FURTHER ORDERED that the plaintiff has ten (10) days from the date of this Ruing within which to amend her complaint to re-state her claims under ERISA. Should the plaintiff not filed here amended complaint within the prescribed period, the entirety of her complaint will be dismissed with prejudice, and this matter will be closed. Signed by Judge Rebecca F Doherty on 9/23/13. (crt,Guidry, C)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
