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, )

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

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