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

Filing 58

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 10/3/2016. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION RICHARD P. SHULTZ, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. AETNA LIFE INSURANCE COMPANY; and L-3 COMMUNICATIONS WELFARE PLAN, Defendants. CIVIL ACTION NO. 1:16cv94-MHT (WO) OPINION Pursuant to the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. plaintiff brought this lawsuit alleging a breach fiduciary duty and a wrongful denial of benefits. of This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that defendants’ motion to dismiss should be granted in part and denied in part. recommendation. There are After an no objections independent and to the de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 3rd day of October, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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