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, )

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)

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