Ehler v. Wheaton Franciscan Medical Plan et al

Filing 59

ORDER ACCEPTING REPORT AND RECOMMENDATIONS for 58 Report and Recommendations. The court AFFIRMS the Plan Administrator's decision to deny Plaintiff benefits. Plaintiff shall pay defendants' ordinary cost. Defendants may refile a motion for attorney fees and other cost by 7/17/2009, at 5 p.m. Signed by Chief Judge Linda R Reade on 7/10/2009. (bjb)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA EASTERN DIVISION

KYMM M. EHLER, Plaintiff, vs. WHEATON FRANCISCAN MEDICAL PLAN, et al., Defendants. ____________________ The matter before the court is the United States Magistrate Judge's Report and Recommendation (docket no. 58). 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 the Plan Administrator's decision to deny Plaintiff benefits. The Clerk of Court is directed to CLOSE THIS CASE. Plaintiff shall pay Defendants' ordinary costs. Pursuant to the court's Order (docket no. 47) of March 18, 2009, Defendants may also refile a motion for attorney fees and other costs on or before July 17, 2009, at 5 p.m. IT IS SO ORDERED. DATED this 10th day of July, 2009. ORDER No. 08-CV-2021-LRR