Williams v. Aetna Life Insurance Company

Filing 38

ORDER ADOPTING 37 REPORT AND RECOMMENDATIONS that 7 MOTION to Remand to State Court filed by Wayne Williams be DENIED and that 5 MOTION to Dismiss filed by Aetna Life Insurance Company be GRANTED in part and DENIED in part. Documents 28 MOTION to Supplement The Record filed by Aetna Life Insurance Company and 27 MOTION for Leave to File Supplemental Trust Discovery Documents in Support of Motion to Remand filed by Wayne Williams are GRANTED. Signed by Judge Kristi K. DuBose on 2/15/2013. (srr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
NORTHERN DIVISION
WAYNE WILLIAMS,

:

Plaintiff,

:

vs.

:

AETNA LIFE INSURANCE CO.,

:

Defendant.

Civil Action 2:12-0258-KD-B

:
ORDER

After due and proper consideration of all portions of this file deemed relevant to
the issues raised, and there having been no objections filed, the recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated January 29, 2013 is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Defendant’s motion to dismiss (doc. 5) is
GRANTED in part and DENIED in part; that Plaintiff’s motion to remand (Doc. 7) is
DENIED; and that the parties’ respective motions for leave to supplement the record
(docs. 27, 28) are GRANTED.
DONE and ORDERED this 15th day February, 2013.

s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE