Baxter v. Sun Life Assurance Company of Canada

Filing 28

MOTION by Defendant Sun Life Assurance Company of Canada for judgment (cont.) (Attachments: # 1 Exhibit Claim File Part 6, # 2 Exhibit Claim File Part 7, # 3 Exhibit Claim File Part 8, # 4 Exhibit Claim File Part 9, # 5 Exhibit Claim File Part 10, # 6 Exhibit Claim File Part 11, # 7 Exhibit Claim File Part 12, # 8 Exhibit Claim File Part 13, # 9 Exhibit Claim File Part 14, # 10 Exhibit Claim File Part 15)(Schmidtke, Mark)

Baxter v. Sun Life Assurance Company of Canada

Doc. 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION TED BAXTER, Plaintiff, vs. SUN LIFE ASSURANCE COMPANYOF CANADA, Defendant. ) ) ) ) ) ) ) ) ) )

Case No.: 1:09-cv-03818 Honorable Robert M. Dow, Jr.

DEFENDANT'S MOTION FOR JUDGMENT UNDER FED.R.CIV.P. 52 Defendant, Sun Life Assurance Company of Canada, moves for judgment on the written record, pursuant to Fed.R.Civ.P. 52 and the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §1001, et seq. ("ERISA"). In support hereof, Defendant attaches (a) the Declaration of Steven J. Leask, with exhibits; and (b) the Deposition of Robert Goodall. Defendant also incorporates by reference its Trial Brief and Statement of Facts, filed contemporaneously herewith. Respectfully submitted, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. /s/ Mark E. Schmidtke Mark E. Schmidtke, #17833-45 Eric P. Mathisen, #19475-71 (IN) 225 Aberdeen Drive, Suite F Valparaiso, IN 46385 Tel: [phone] Fax: [phone] [e-mail] [e-mail]

Dockets.Justia.com

CERTIFICATE OF SERVICE I certify that a copy of the foregoing document has been filed electronically, on September 30, 2010. Notice of this filing will be served on all counsel of record via the Court's ECF filing system as follows:. Mark D. DeBofsky Law Offices of Daley, DeBofsky & Bryant 55 W Monroe St., Ste 2440 Chicago, IL 60603

/s/ Mark E. Schmidtke OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 225 Aberdeen Drive, Suite F Valparaiso, IN 46385 Telephone: [phone] Facsimile: [phone]

9222005.1 (OGLETREE)