AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Motions
Judges

DAVID McIVER, Plaintiff, v. EXXONMOBIL MEDICARE SUPPLEMENT PLAN, et al., Defendants.

ORDER

WILLIAM STEELE, District Judge

This matter comes before the Court on the Motions to Dismiss (docs. 17, 18) filed by defendants Exxon Mobil Corporation (the "Corporation") and ExxonMobil Medicare Supplement Plan ("EMMSP"), respectively. On January 7, 2009, Magistrate Judge Cassady entered a Report and Recommendation (doc. 29) recommending that both motions be granted. More specifically, the Magistrate Judge recommended that all claims against the Corporation be dismissed and that Count III be dismissed as to defendant EMMSP. Plaintiff did not file objections to the Report and Recommendation within the 10-day period prescribed by 28 U.S.C. § 636(b)(1)(C), Rule 72(b)(2), Fed.R.Civ.P., and Local Rule 72.4(a).

On January 14, 2009, after entry of the Report and Recommendation, the undersigned entered an Order (doc. 30) allowing plaintiff to amend the Complaint to eliminate all claims against the Corporation. Thus, as currently configured, this lawsuit no longer involves any claims against Exxon Mobil Corporation, and that entity's Motion to Dismiss (doc. 17) is moot. As for EMMSP's Motion to Dismiss, after careful review of the court file, the undersigned adopts the Report and Recommendation and grants the Motion to Dismiss (doc. 18). Count III is hereby dismissed as to defendant EMMSP.

DONE and ORDERED.

Use AI to get other relevant cases.

Comments

McIVER v. EXXONMOBIL MEDICARE SUPPLEMENT PLAN
(Feb 2, 2009)