Topazian v. Aetna Life Insurance Company of North America et al

Filing 29

MOTION by Defendant Aetna Life Insurance Company for judgment on the Administrative Record (Mathisen, Eric)

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Topazian v. Aetna Life Insurance Company of North America et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION DAVID TOPAZIAN, Plaintiff, vs. AETNA LIFE INSURANCE COMPANY et. al. Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO: 1:10-cv-04702 Honorable William J. Hibbler DEFENDANT'S MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD Defendant, Aetna Life Insurance Company ("Aetna")1, by and through counsel, moves for entry of judgment in its favor pursuant to Fed.R.Civ.P. 52. In support of this Motion, Defendant is also filing its Memorandum in Support of Defendant's Motion for Judgment on the Administrative Record and Local Rule 56.1 Statement of Facts which are incorporated herein by reference. WHEREFORE, Defendant respectfully requests entry of judgment in its favor and an award of its costs and attorney's fees. Respectfully submitted, Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Attorneys for Defendant s/ Eric P. Mathisen Eric P. Mathisen, #19475-71 (Indiana) 225 Aberdeen Drive, Suite F Valparaiso, in 46385 Tel: (219) 242-8666 Fax: (219) 242-8669 eric.mathisen@ogletreedeakins.com 1 ADP TotalSource Inc. Health and Welfare Plan ("Plan") was voluntarily dismissed on August 26, 2010. [Dkt. 10] 1 Dockets.Justia.com CERTIFICATE OF SERVICE I hereby certify that on March 6, 2011, a copy of the foregoing pleading was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court's CM/ECF system. Mark D. DeBofsky Daley, DeBofsky & Bryant 55 W. Monroe St., Suite 2440 Chicago, Illinois 60603 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. /s/ Eric P. Mathisen Eric P. Mathisen, #19475-71 (Indiana) 225 Aberdeen Drive, Suite F Valparaiso, in 46385 Tel: (219) 242-8666 Fax: (219) 242-8669 eric.mathisen@ogletreedeakins.com 2

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