Lowery v. Unum Life Insurance Company of America

Filing 14

ORDER denying without prejudice 11 Plaintiff's Motion for Partial Summary Judgment. Signed by Judge William R. Wilson, Jr on 7/14/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOEAN LOWERY v. UNUM LIFE INSURANCE COMPANY OF AMERICA ORDER Pending is Plaintiff's Motion for Partial Summary Judgment (Doc. No. 11). Defendant has responded.1 For the reasons set out below, Plaintiff's motion's is DENIED without prejudice. Plaintiff asserts that "in the instant case the standard [of review] should be "de novo" and there should be full discovery."2 Defendant contends, among other things, that a motion for summary judgment may not be the appropriate pleading with respect to these issues, because Plaintiff is not seeking judgment on all or part of her claim.3 I agree. Moreover, I am uncertain of exactly what relief Plaintiff is requesting. Accordingly, Plaintiff's Motion for Partial Summary Judgment is DENIED without prejudice. IT IS SO ORDERED this 14th day of July, 2009. 3:09CV00013-WRW DEFENDANT PLAINTIFF /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 1 Doc. No. 13. Doc. No. 12. Doc. No. 13. -1- 2 3

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