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

Filing 59

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 57 Recommendation is adopted. (2) The defendants' 17 Motion to Dismiss is granted as to counts II and III of the first ame nded complaint and denied as to the remaining claims. (3) Counts II and III of the first amended complaint are dismissed with prejudice. This case is not closed, and is referred back to the Magistrate Judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 10/3/2016. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
this date, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 57) is adopted.
(2) The defendants’ motion to dismiss (doc. no. 17)
is granted as to counts II and III of the first amended
complaint, and denied as to the remaining claims.
(3) Counts

II

and

III

of

the

complaint are dismissed with prejudice.

first

amended

This case is not closed, and is referred back to
the Magistrate Judge for further proceedings.
DONE, this the 3rd day of October, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE