Sutherland et al v. United Of Omaha Life Insurance Company
MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 6/23/2014. (JLC)
2014 Jun-23 AM 11:57
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
UNITED OF OMAHA LIFE
) Case No. 2:12-cv-03841-VEH
On May 28, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed fourteen (14) days in which to file objections to
the recommendations made by the magistrate judge. No objections to the magistrate
judge’s report and recommendation have been filed by plaintiff or defendant.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS the recommendations of the magistrate judge that
the Motion for Judgment on the Administrative Record, or Alternatively, for Summary
Judgment filed by defendant be granted and the Motion to Deem Affidavits as Part of
the Administrative Record or, in the Alternative, Motion to Remand the Case to the
Plan Administrator to Consider Said Affidavits and for a New Determination filed
plaintiff be denied.
A separate order in conformity with this Memorandum Opinion will be entered
DONE this 23rd day of June, 2014.
VIRGINIA EMERSON HOPKINS
United States District Judge
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