Shears v. Symetra Life Insurance Company

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 2 MOTION to Dismiss and Motion to Strike. Symetra's motion to dismiss (Doc. 2) is GRANTED as to Counts One and Two of the complaint, and otherwise DENIED. Symetra's motion to st rike (Doc. 2) is GRANTED to the extent Shears's jury demand requests a jury trial on any issue related to Count Three, and otherwise DENIED as MOOT due to the dismissal of all other claims. Signed by District Judge Jeffrey U. Beaverstock on 10/10/19. (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CASSANDRA SHEARS,

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) CIVIL ACTION NO. 19-00161-JB-N
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Plaintiff,
v.
SYMETRA LIFE INSURANCE COMPANY,
Defendant.

ORDER
After due and proper consideration of the issues raised, and there having been no objections filed,
the Report and Recommendation of the Magistrate Judge (Doc. 21) made under 28 U.S.C. § 636(b)(1)(B)(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(S), and dated September 13, 2019,
is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that the Defendant’s Motion to Dismiss and to Strike (Doc. 2) is
GRANTED in part and DENIED in part, as follows:
1. the Federal Rule of Civil Procedure 12(b)(6) motion to dismiss is GRANTED as to Counts 1 and 2
of the operative complaint, and is otherwise DENIED; and
2. the Federal Rule of Civil Procedure 12(f) motion to strike is GRANTED to the extent the Plaintiff’s
jury demand requests a jury trial on any issue related to Count 3, and is otherwise DENIED as
MOOT due to the dismissal of all other claims.
DONE and ORDERED this 10th day of October, 2019.
/s/ JEFFREY U. BEAVERSTOCK
UNITED STATES DISTRICT JUDGE