Reported / Citable
Background
Marcia Bayer sued Delta Air Lines, Inc. Delta filed a partial motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).
Magistrate Judge Payne recommended granting the motion, and Bayer filed objections to that recommendation. District Judge Rodney Gilstrap then conducted a de novo review of the motion briefing, the report and recommendation, and Bayer’s objections.
The Court’s Holding
The court concluded that Bayer’s objections did not show that the report and recommendation was erroneous. It therefore overruled the objections and adopted the magistrate judge’s reasoning.
The court granted Delta’s motion as to Count I, labeled emotional distress, and Count II, labeled excess damages, dismissing both counts. The motion was otherwise denied.
Key Takeaways
- The court reviewed the challenged portions of the magistrate judge’s recommendation de novo.
- Bayer’s objections were overruled, and the report and recommendation was adopted.
- Counts I and II were dismissed, while Delta’s motion was otherwise denied.
Why It Matters
The order narrows Bayer’s case by eliminating the emotional-distress and excess-damages counts. Because the motion was otherwise denied, the order does not dispose of the entire action.