Lonny R. Western v. Unum Life Insurance Company of America et al

Filing 82

JUDGMENT IN FAVOR OF DEFENDANT UNUM LIFE INSURANCE COMPANY OF AMERICA 81 by Judge John F. Walter. IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS: (1) That Judgment shall be entered forthwith in favor of Unum and against Western; (2) That Western be granted no relief in this action; and (3) That Unum shall be entitled to recover from Western its costs of suit incurred in this case. (MD JS-6, Case Terminated). (iv)

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Note Changes by Court

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 LONNY R. WESTERN,

Case No. 2:16-cv-09527 JFW (ASx)

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(Honorable John F. Walter)

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Plaintiff,
vs.

14 UNUM LIFE INSURANCE COMPANY
OF AMERICA; THE AEROSPACE
15 CORPORATION; THE AEROSPACE
CORPORATION LONG TERM
16 DISABILITY PLAN; DOES 1 through
10, inclusive,
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Defendants.
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JUDGMENT IN FAVOR OF
DEFENDANT UNUM LIFE
INSUANCE COMPANY OF
AMERICA

Complaint Filed: December 25, 2016

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JUDGMENT

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The Court Trial of the above-captioned case took place before this Court on

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March 16, 2018, the Honorable John F. Walter, District Judge presiding. Appearances

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for Plaintiff Lonny R. Western (“Western”) and Defendant Unum Life Insurance

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Company of America (“Unum”) were noted in the record.

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After considering the information contained in the Administrative Record, the

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parties’ respective Opening and Responsive Trial Briefs and Post-Trial Briefs, the

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parties’ Joint Glossary of Medical Terms, the parties’ respective pre- and post-trial

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proposed findings of fact and conclusions of law (as well as the parties’ respective

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objections and responses thereto), the arguments of counsel, and all other matters

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presented to the Court, and for good cause appearing, this Court finds, based on its de

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novo review of Unum’s denial of Western’s claims for benefits under the subject

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ERISA plan and for the reasons set forth in the Court’s Amended Findings of Fact

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and Conclusions of Law, that Western failed to establish that he is disabled and

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therefore entitled to further benefits under the terms of the plan. The Court also finds

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that Western failed to state a breach of fiduciary duty claim upon which relief can be

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granted. Accordingly, Judgment should be entered in favor Unum.

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THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED AS
FOLLOWS:

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1.

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Western;

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2.

That Western be granted no relief in this action; and

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3.

That Unum shall be entitled to recover from Western its costs of suit

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That Judgment shall be entered forthwith in favor of Unum and against

incurred in this case.

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DATED: July 11, 2018

THE HONORABLE JOHN F. WALTER
UNITED STATES DISTRICT JUDGE

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