Tassone v. United of Omaha Life Insurance Company et al

Filing 47

MOTION by Defendants MiraMed Global Services, Inc. Long-Term Disability Plan, United of Omaha Life Insurance Company for judgment pursuant to F.R. Civ. P. 52 (Kersting, Edna)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
GINA TASSONE,
Plaintiff,
Case No. 1:15-cv-08557
v.
The Honorable Robert W. Gettleman
Magistrate Judge Susan E. Cox

UNITED OF OMAHA LIFE INSURANCE
COMPANY; and MIRAMED GLOBAL
SERVICES, INC. LONG TERM DISABILITY
PLAN,
Defendant.

DEFENDANTS’ MOTION FOR JUDGMENT
PURSUANT TO F.R. CIV. P. 52
Defendants United of Omaha Life Insurance Company and MiraMed Global Services,
Inc. Long Term Disability Plan (collectively “Defendants”), by their undersigned counsel, move
this Honorable Court, pursuant to Rule 52 of the Federal Rules of Civil Procedure, to enter
judgment in their favor and against Plaintiff Gina Tassone (“Plaintiff”) for the reasons set forth
in their supporting Statement of Facts and Memorandum of Law filed contemporaneously
herewith.
WHEREFORE, United of Omaha Life Insurance Company and MiraMed Global
Services, Inc. Long Term Disability Plan respectfully request that this Court enter an order
granting Judgment in their favor, and awarding them such other and further relief as the Court
deems just and equitable, including an award of their reasonable attorneys fees and costs
pursuant to 29 U.S.C. §1132(g).

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Dated this 12th day of January, 2017

Respectfully Submitted,
UNITED OF OMAHA LIFE
INSURANCE COMPANY and
MIRAMED GLOBAL SERVICES, INC.
LONG TERM DISABILITY PLAN,
Defendants.
/s/ Edna S. Kersting
Edna S. Kersting, Bar No. 6277775
Attorney for Defendants
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
55 West Monroe, Suite 3800
Chicago, IL 60603
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on the 12th day of January 2017, a copy of the foregoing motion was
filed electronically. Notice of this filing will be sent by operations of the Court’s electronic
filing systems to all parties indicated on the electronic filing receipt. All other parties will be
served by Regular U. S. Mail.
Parties may access this filing through the Court’s System.

/s/ Edna S. Kersting
Edna S. Kersting, Bar No. 6277775
Attorney for Defendants
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
55 West Monroe Street, Suite 3800
Chicago, IL 60603
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]

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