Johnson v. Sedgwick Claims Management Services, Inc.

Filing 19

ORDER ATTACHED denying as unnecessary [17 & 18] Motions for Summary Judgment. The motions will be treated as memoranda of law. Signed by Judge Richard A. Lazzara on 4/14/2011. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
SHIRLEY JOHNSON,
Plaintiff,
v.

CASE NO: 8:10-cv-2837-T-26TBM

SEDGWICK CLAIMS MANAGEMENT
SERVICES, INC.,
Defendant.
/
ORDER
Because the parties in this ERISA case previously advised the Court that they were
proceeding on the administrative record,1 the Court directed them to file memoranda of law in
support of their respective positions.2 The parties have instead responded with motions for
summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Under these
circumstances, the Court agrees with the Eleventh Circuit’s observation in Doyle v. Liberty Life
Assurance Co., 542 F.3d 1352, 1363 n.5 (11th Cir. 2008), that “[r]ule 56 practice seems to be an
extra and unnecessary step . . .” Accordingly, the Motions for Summary Judgment (Dkts. 17 and
18) are denied as unnecessary and will be treated by the Court as memoranda of law.
DONE AND ORDERED at Tampa, Florida, on April 14, 2011.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO:

Counsel of Record
1

See docket 9.

2

See docket 11.