Opinion
CIVIL ACTION NO. 15-0074 CIVIL ACTION NO. 15-2460
12-28-2016
UNION PACIFIC RAILROAD COMPANY v. TAYLOR TRUCK LINE, INC., ET AL. --(consolidated with)-- R & L BUILDERS SUPPLY, INC., ET AL. v. UNION PACIFIC RAILROAD COMPANY, ET AL.
JUDGE ROBERT G. JAMES
MAG. JUDGE KAREN L. HAYES
JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, together with the written objections and responses filed with this Court, and, after a de novo review of the record, finding that the Magistrate Judge's Report and Recommendation is correct,
IT IS ORDERED, ADJUDGED, AND DECREED that the Rule 12(b) motions to dismiss [Doc. Nos. 134 & 149] filed by Robert G. Taylor Trust and Robert G. Taylor, as trustee of the Robert G. Taylor Trust, are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove's claims against the Robert G. Taylor Trust are hereby DISMISSED WITH PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(6). Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove's claims against Robert G. Taylor, as trustee of the Robert G. Taylor Trust, are hereby DISMISSED WITHOUT PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(2). These motions [Doc. Nos. 134 & 149] are otherwise DENIED.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Rule 12(b) motions to dismiss [Doc. Nos. 143 & 145] filed by Robert G. Taylor, in his individual capacity, are GRANTED IN PART AND DENIED IN PART. Union Pacific Railroad Company, R & L Builders Supply, Inc., and R & L Properties of Oak Grove's claims against Robert G. Taylor, individually, are hereby DISMISSED WITHOUT PREJUDICE, pursuant to Federal Rule of Civil Procedure 12(b)(2). These motions [Doc. Nos. 143, & 145] are otherwise DENIED.
MONROE, LOUISIANA, this 28th day of December, 2016.
/s/ _________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE