Skinner v. Life Insurance Company of North America et al

Filing 26

ORDER denying 14 Motion for Summary Judgment; plaintiff's claims against defendants are dismissed with prejudice. Signed by Honorable Harry F. Barnes on September 29, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

CLARA SKINNER

PLAINTIFF

V S.

CASE NO. 08-CV-1044

LIFE INSURANCE COMPANY OF NORTH AMERICA and LOCKHEED MARTIN CORPORATION LONG TERM DISABILITY PLAN ORDER

DEFENDANTS

Plaintiff Clara Skinner filed a complaint against Defendants Life Insurance Company of North America ("LINA") and Lockheed Martin Corporation Group Benefits Plan1 pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., alleging that LINA breached its fiduciary duty to Plaintiff when it terminated her long term disability benefits. This matter is now before the Court on Plaintiff's Motion for Summary Judgment. (Doc. 14). Defendants have responded. (Doc. 18). Plaintiff has filed a reply to Defendants' response. (Doc. 21). For the reasons stated in the Memorandum Opinion of even date, the Court finds that LINA did not abuse its discretion in denying Plaintiff's long term disability benefits under the Lockheed Martin Corporation Group Benefits Plan. Therefore, Plaintiff's claims against Defendants LINA and Lockheed Martin Corporation Group Benefits Plan are dismissed with prejudice. An order of even date, consistent with this opinion, shall issue. IT IS SO ORDERED, on this 29th day of September, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

Plaintiff identified Separate Defendant as Lockheed Martin Long Term Disability Plan in the Complaint; however, in its Answer, Separate Defendant noted that it was incorrectly identified and that its correct name is Lockheed Martin Corporation Group Benefits Plan. Thus, the Court will refer to

1

Separate Defendant as Lockheed Martin Corporation Group Benefits Plan.