Pearson v. Metropolitan Life Insurance Company

Filing 30

ORDER adopting 29 Report and Recommendations. The Court AFFIRMS Defendant's decision to deny AD&D benefits and REMANDS on the issue to the extra accident death benefit relating to seat belt usage for further proceedings as discussed in the R&R. The Clerk of Court is directed to close the case. Signed by Chief Judge Linda R Reade on 01/28/09. (lbb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CEDAR RAPIDS DIVISION

JULIA PEARSON, Plaintiff, vs. METROPOLITAN LIFE INSURANCE COMPANY, Defendant. ____________________ The matter before the court is the United States Magistrate Judge's Report and Recommendation (docket no. 29). Neither party filed objections to the Report and Recommendation within the ten-day period, as required by the Report and Recommendation, Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1)(C). Further, the court finds no plain error in the Magistrate Judge's decision. Accordingly, the court ADOPTS the Report and Recommendation. The court AFFIRMS Defendant's decision to deny AD&D benefits and REMANDS on the issue of the extra accident death benefit relating to seat belt usage for further proceedings as discussed in the Report and Recommendation. The Clerk of Court is directed to CLOSE THIS CASE. IT IS SO ORDERED. DATED this 28th day of January, 2009. ORDER No. 07-CV-111-LRR