GANEM v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

Filing 80

ORDER affirming the Recommended Decision of the Magistrate Judge re 71 Report and Recommendations. By JUDGE GEORGE Z. SINGAL. (MSH)

UNITED STATES DISTRICT COURT
District of Maine

ANNE GANEM,
Plaintiff
v.
LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON,
Defendant

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No. 1:12-cv-128-GZS

ORDER AFFIRMING THE
RECOMMENDED DECISION OF THE MAGISTRATE JUDGE

The United States Magistrate Judge filed with the Court on September 26, 2013, her
Recommended Decision (ECF No. 71). Defendant filed its Limited Objection to the Recommended
Decision (ECF No. 74) on October 16, 2013. Plaintiff filed her Limited Objection to the
Recommended Decision (ECF No. 75) on October 16, 2013. Plaintiff filed her Response to
Defendant’s Limited Objection to the Recommended Decision (ECF No. 78) on November 6, 2013.
Defendant filed its Opposition to Plaintiff’s Limited Objection to the Recommended Decision (ECF
No. 79) on November 6, 2013.
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 hereby ORDERED that Plaintiff’s Motion for Judgment (ECF No. 62) is
GRANTED IN PART and Defendant’s Motion for Judgment (ECF No. 61) is
GRANTED IN PART by vacating the Administrative Decision only to the extent it
denies Plaintiff’s claim for the 24-month, own-occupation, LTD benefit.

3.

It is hereby ORDERED that this matter be REMANDED with an Order to award
the 24-month LTD benefit.

3.

It is ORDERED that judgment is entered for Defendant on Count II of Plaintiff’s
Complaint (ECF No. 1).

/s/George Z. Singal_____________
U.S. District Judge
Dated this 8th day of November, 2013.