McElderry v. Reliance Standard Life Insurance Company (JOINT ASSIGN)(MAG2)

Filing 28

ORDERED that: 1. The Recommendation of the Magistrate Judge (Doc. 21 ) be and is hereby ADOPTED; 2. Plaintiff Laura McElderry's objections (Doc. 22 ) are hereby OVERRULED. 3. Defendant Reliance Standard Life Insurance Company's Motion to Dismiss (Doc. 6 ) is GRANTED; Plaintiff's Complaint is DISMISSED with leave to filed an Amended Complaint not later than June 25, 2019, to focus her allegations on her claim for benefits and clarify the remedies that she seeks. 4. To the extent the magistrate judge stayed this matter pending a ruling on the Report and Recommendation, the stay is LIFTED. Signed by Honorable Judge Andrew L. Brasher on 5/29/2019. (kh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
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LAURA McELDERRY,
Plaintiff,
v.
RELIANCE STANDARD LIFE
INSURANCE COMPANY,
Defendant.

CASE NO. 2:18-cv-489-ALB

ORDER
On November 7, 2018, the Magistrate Judge filed a Recommendation (Doc.
21) to which timely objections have been filed. (Doc. 22). After an independent
and de novo review of the record, the Recommendation, and the objections filed
to the Recommendation, this Court concludes that Plaintiff’s objections should
be overruled and the Magistrate Judge’s Recommendation is due to be adopted.
Accordingly, it is ORDERED that:
1. The Recommendation of the Magistrate Judge (Doc. 21) be and is hereby
ADOPTED;
2. Plaintiff Laura
OVERRULED.

McElderry’s

objections

(Doc.

22)

are

hereby

3. Defendant Reliance Standard Life Insurance Company’s Motion to
Dismiss (Doc. 6) is GRANTED; Plaintiff’s Complaint is DISMISSED
with leave to filed an Amended Complaint not later than June 25, 2019, to
focus her allegations on her claim for benefits and clarify the remedies that
she seeks.

4. To the extent the magistrate judge stayed this matter pending a ruling on
the Report and Recommendation, the stay is LIFTED.
DONE and ORDERED this 29th day of May 2019.

/s/ Andrew L. Brasher
ANDREW L. BRASHER
UNITED STATES DISTRICT JUDGE

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