Jones et al v. Aetna Life Insurance Company

Filing 32

ORDER adopting 29 Report and Recommendation. The Defendant's 5 motion to dismiss is granted, and the Plaintiffs' claims for violation of the Texas Insurance Code, breach of the duty of good faith and fair dealing, and fraud are dismisse d with prejudice. The Plaintiffs have 30 days from the date of this order to file an amended complaint that states a viable claim under ERISA 502. The parties are further ordered to submit a proposed amended scheduling order w/in 10 days from the date of this order. Signed by Judge Ron Clark on 1/8/2012. (bjc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
ESTER & ADAM JONES
v.
AETNA LIFE INSURANCE COMPANY

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NO. 1:11-CV-266

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
The court referred this matter to the Honorable Earl S. Hines, United States magistrate judge,
for all pretrial matters pursuant to a Referral Order entered on May 26, 2011. On August 9, 2011,
this case was reassigned to United States Magistrate Judge Zack Hawthorn. The court has
considered and received the report (Docket No. 29) of the magistrate judge, who recommends that
the court grant the Defendant’s “Motion to Dismiss” (Docket No. 5). No objections to the report and
recommendation have been filed. The court’s independent review confirms that the magistrate
judge’s analysis is correct.
The report and recommendation (Docket No. 29) of the magistrate judge is ADOPTED, the
Defendant’s “Motion to Dismiss” is GRANTED, and the Plaintiffs’ claims for violation of the
Texas Insurance Code, breach of the duty of good faith and fair dealing, and fraud are DISMISSED
with prejudice. The Plaintiffs have thirty (30) days from the date of this order to file an amended
complaint that states a viable claim under ERISA § 502. The parties are further ORDERED to
submit a proposed amended scheduling order within ten (10) days from the date of this order.

So ORDERED and SIGNED this 8 day of January, 2012.

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Ron Clark, United States District Judge