McCoy v. Mallinckrodt Pharmaceuticals, Inc. et al (JOINT ASSIGN)(MAG2)

Filing 73

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 4/14/2016. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KIMBERLY McCOY,

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Plaintiff,
v.
MALLINCKRODT
PHARMACEUTICALS, INC.;
et al.,
Defendants.

CIVIL ACTION NO.
2:15cv723-MHT
(WO)

OPINION
Plaintiff Kimberly McCoy filed this lawsuit against
defendants

Mallinckrodt

Enterprises,

LLC,

Life

Insurance Company of North America (“LINA”), and Cigna
Corporation

(“Cigna”)

asserting

that

they

improperly

denied her claims for disability benefits in violation
of the Employee Retirement Income Security Act of 1974,
as amended, 29 U.S.C. § 1001, et seq.
now

before

the

court

on

the

This lawsuit is

recommendation

of

the

United States Magistrate Judge that Cigna’s motion to
dismiss be granted and LINA’s motion to dismiss denied.
Also

before

the

court

are

LINA’s

objections

to

the

recommendation.
recommendation
granted.

There
that

are

Cigna’s

no

objections

motion

to

to

dismiss

the
be

After an independent and de novo review of

the record, the court concludes that LINA’s objections
should

be

overruled

recommendation adopted.

and

the

magistrate

judge’s

LINA is, of course, free to

make the arguments in its motion to dismiss again after
discovery.
An appropriate judgment will be entered.
DONE, this the 14th day of April, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE