Paine v. Jefferson National Life Insurance Company et al

Filing 103

ORDER adopting 96 Recommended Disposition in its entirety, except for the statement at page 4 that the interest for the first year was greater than the guaranteed minimum, and the statement at page 8 that the amended complaint was filed after remo val; therefore, Defts' Motions 53 59 62 for Summary Judgment are GRANTED and Pltf's 3 Amended Complaint is DISMISSED WITH PREJUDICE; Pltf's 42 Motion to file Amended Complaint is DENIED; all other pending motions are denied as moot 44 45 57 60 88 ; judgment will be entered accordingly. Signed by Chief Judge J. Leon Holmes on 10/28/08. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS EASTERN DIVISION W. T. PAINE v. NO. 2:07CV00124-JLH/BD DEFENDANTS ORDE R The Court has received the Recommended Disposition from Magistrate Judge Beth Deere. After careful review of the Recommended Disposition and the objections by W.T. Paine, as well as a de novo review of the record, the Court concludes that the Recommended Disposition should be, and hereby is, approved and adopted as this Court's findings in all respects in its entirety, except for the statement at page 4 that the interest for the first year was greater than the guaranteed minimum; and the statement at page 8 that the amended complaint was filed after removal. Accordingly, Defendants' Motions for Summary Judgment (#53, #59, #62) are GRANTED and Plaintiff's Amended Complaint (#3) is DISMISSED WITH PREJUDICE. Plaintiff's Motion to file Amended Complaint (#42) is DENIED. Plaintiff's Motion to Compel (#44); Defendant Jefferson's Motion to Compel (#45); Defendant Jefferson's Motion to Exclude Testimony of Plaintiff's Expert (#57); and Defendant Protective's Motion to Exclude Testimony of Plaintiff's Expert (#60) are DENIED as moot. IT IS SO ORDERED this 28th day of October, 2008. PLAINTIFF

JEFFERSON NATIONAL LIFE INSURANCE COMPANY, et al.

UNITED STATES DISTRICT JUDGE