Benoit v. Liberty Life Assurance Co of Boston et al

Filing 36

ORDER ADOPTING 31 Report and Recommendations. IT IS ORDERED that the 3 Motion to Partially Dismiss Plaintiff's Complaint filed by Defendant Liberty Life Assurance Company of Boston and the 13 Motion to Dismiss Plaintiff's Complaint filed by Defendants L'Oreal USA, Inc., SalonCentric, Inc. and L'Oreal USA Rewards be GRANTED IN PART AND DENIED IN PART, and (1) Plaintiff's Claims under La.R.S §§22:1973 and 22:1821 in the Second Cause of Action be DISMISSED; (2) Plaintiff's claim under the Fourth Cause of Action for declaratory relief and recovery of healthcare premium payment provided under the Healthcare Plan be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies; and (3) Plaintiff's Prayer for compensatory, statutory and penalty damages be DISMISSED. Signed by Chief Judge S Maurice Hicks, Jr on 12/1/2017. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

CAROLYN D. BENOIT

CIVIL ACTION NO. 17-0641

VERSUS

JUDGE S. MAURICE HICKS, JR.

LIBERTY LIFE ASSURANCE CO.
OF BOSTON, ET AL.

MAGISTRATE JUDGE WHITEHURST

ORDER
For the reasons stated in the Report and Recommendation of the Magistrate Judge
previously filed herein, and after an independent review of the record including the
objections filed (Record Documents 32-33) and the responses thereto (Record Documents
34-35) filed by petitioner , and having determined that the findings and recommendations
are correct under the applicable law;
IT IS ORDERED that the Motion To Partially Dismiss Plaintiff’s Complaint filed by
Defendant Liberty Life Assurance Company of Boston (Record Document 3) and the
Motion To Dismiss Plaintiff’s Complaint filed by Defendants L’Oreal USA, Inc.,
SalonCentric, Inc. and L’Oreal USA Rewards (Record Document 13) be GRANTED IN
PART AND DENIED IN PART, and (1) Plaintiff’s Claims under La. R.S. §§ 22:1973 and
22:1821 in the Second Cause of Action be DISMISSED; (2) Plaintiff’s claim under the
Fourth Cause of Action for declaratory relief and recovery of healthcare premium payment
provided under the Healthcare Plan be DISMISSED WITHOUT PREJUDICE for failure to
exhaust administrative remedies; and (3) Plaintiff’s Prayer for compensatory, statutory and
penalty damages be DISMISSED.

THUS DONE AND SIGNED, in Shreveport, Louisiana, this 1st day of December,
2017.