Atkins v. Prudential Insurance Company et al

Filing 22

ORDER denying 14 Motion for Summary Judgment; plaintiff's claims against defendants are dismissed with prejudice. Signed by Honorable Harry F. Barnes on September 30, 2009. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION MICHAEL SHANE ATKINS PLAINTIFF VS. CASE NO. 08-CV-1014 THE PRUDENTIAL INSURANCE COMPANY OF AMERICA and UNITRIN, INC. LONG TERM DISABILITY PLAN ORDER DEFENDANTS Plaintiff Michael Atkins filed a complaint against Defendants The Prudential Insurance of America ("Prudential") and the Unitrin, Inc. Long Term Disability Plan pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001 et seq., alleging that Prudential abused its discretion in discontinuing Plaintiff's disability benefits. This matter is now before the Court on Plaintiff's Motion for Summary Judgment. (Doc. 14). Defendants have responded. (Doc. 17). Based on the reasons set forth in the Memorandum Opinion of even date, the Court finds that Prudential did not abuse its discretion in discontinuing Plaintiff's long term disability benefits based on its conclusion that Plaintiff no longer suffered from a disability as defined by the Unitrin, Inc. Long Term Disability Plan. Therefore, Plaintiff's claims against Defendants The Prudential Insurance of America and the Unitrin, Inc. Long Term Disability Plan are dismissed with prejudice. IT IS SO ORDERED, on this 30th day of September, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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