HANNINGTON v. SUN LIFE AND HEALTH INSURANCE COMPANY

Filing 34

ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 31 Report and Recommendations. Denying 17 Motion for Judgment on the Record for Judicial Review (ERISA); granting 18 Motion for Judgment on the Record for Judicial Review (ERISA). By JUDGE NANCY TORRESEN. (dfr)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

DAVID HANNINGTON,
Plaintiff,
v.
SUNLIFE AND HEALTH
INSURANCE COMPANY,
Defendantt.

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Civil No. 1:10-cv-00431-NT

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on October 14, 2011 her
Recommended Decision (Docket No. 31). The Defendant filed its Objections to the
Recommended Decision (Docket No. 32) on October 28, 2012.

Plaintiff filed his

Response to the Defendant’s objections (Docket No. 33) on November 14, 2011.
I have reviewed and considered the Magistrate Judge's Recommended Decision,
together with the entire record; I have made a de novo determination of all matters
adjudicated by the Magistrate Judge's Recommended Decision; and I concur with the
recommendations of the United States Magistrate Judge for the reasons set forth in her
Recommended Decision, and determine that no further proceeding is necessary.
1. It is therefore ORDERED that the Recommended Decision of the Magistrate
Judge is hereby AFFIRMED.
2. It is further ORDERED that the Plaintiff’s Motion for Judgment (Docket No.
18) is GRANTED.
3. It is further ORDERED that the Defendant’s Motion for Judgment is
DENIED.

4. It is further ORDERED that the Defendant pay past and future benefits to the
Plaintiff without any offset for the Plaintiff’s receipt of service-connected
disability benefits.
SO ORDERED.
/s/ Nancy Torresen
NANCY TORRESEN
UNITED STATES DISTRICT JUDGE

Dated this 15th day of December, 2011

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