Shultz v. Aetna Life Insurance Company et al (JOINT ASSIGN)(MAG2)

Filing 172

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Dfts' 159 & 166 objections are overruled; (2) The US Magistrate Judge's 158 & 164 recommendations are adopted; (3) The administrator's decision den ying plf long-term disability benefits is reversed, and this matter is remanded to the plan administrator to complete the record and obtain a new decision on plf's claims for benefits, consistent with the reasoning of the magistrate judge's recommendations; (4) All issues regarding ancillary benefits are deferred for consideration until after a proper decision is reached as to plf's long-term disability claim, based upon an administrative decision reached with the benefit of prope r administrative proceedings and a full and complete record; (5) All pending motions are denied as moot; (6) The court retains jurisdiction over this case with regard to the plan administrator's decision on remand and all other claims and matter s not resolved at this time; (7) This case is administratively closed pending completion of the administrative proceedings; The parties are to notify the court of the need to reopen the proceedings within 30 days of receipt of notice of the conclusion of the administrative process. Signed by Honorable Judge Myron H. Thompson on 11/22/2017. (Attachments: # 1 Civil Appeals Checklist) (alm, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION
RICHARD P. SHULTZ,

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Plaintiff,
v.
AETNA LIFE INSURANCE
COMPANY; and L-3
COMMUNICATIONS WELFARE
PLAN,
Defendants.

CIVIL ACTION NO.
1:16cv94-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) Defendants’ objections (doc. nos. 159 & 166)
are overruled.
(2) The

United

States

Magistrate

Judge's

recommendations (doc. nos. 158 & 164) are adopted.
(3) The administrator’s decision denying plaintiff
long-term
matter
complete

disability

is

remanded

the

record

benefits

is

to

plan

and

the

obtain

reversed,

a

and

this

administrator

to

new

on

decision

plaintiff’s claims for benefits, consistent with the
reasoning of the magistrate judge’s recommendations.
(4) All

issues

deferred

for

decision

is

regarding

consideration
reached

as

ancillary
until

to

benefits

after

a

plaintiff’s

are

proper

long-term

disability claim, based upon an administrative decision
reached

with

the

benefit

of

proper

administrative

proceedings and a full and complete record.
(5) All pending motions are denied as moot.
(6) The court retains jurisdiction over this case
with

regard

to

the

plan

administrator’s

decision

on

remand and all other claims and matters not resolved at
this time.
(7) This case is administratively closed pending
completion

of

the

administrative

proceedings.

The

parties are to notify the court of the need to reopen
the proceedings within 30 days of receipt of notice of
the conclusion of the administrative process.
DONE, this the 22nd day of November, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE