Smith v. Liberty Life Assurance Company of Boston et al

Filing 42

MEMORANDUM AND ORDER denying without prejudice 34 Defendants' Motion for Summary Judgment; and denying without prejudice 31 Plaintiff's Cross-Motion for Summary Judgment. Signed by Judge Marvin J. Garbis on 3/21/2017. (bmhs, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND WILEY JOSEPH SMITH Plaintiff vs. * * * THE PNC FINANCIAL SERVICES GROUP, et al. CIVIL ACTION NO. MJG-15-2232 * * * Defendants * * * * * * * * MEMORANDUM AND ORDER RE: SUMMARY JUDGMENT The Court has before it Defendants’ Motion for Summary Judgment [ECF No. 31], Plaintiff’s Cross-Motion for Summary Judgment [ECF No. 34], and the materials submitted relating thereto. The Court finds a hearing unnecessary. As stated in the Memorandum and Order Re: Dismissal issued herewith, the PNC Financial Services Group, Inc., and Affiliates Long-Term Disability Plan (“the Plan”) is not a party to the instant motions. Indeed, as matters now stand, there may be a question whether the Plan is a party to the case. To proceed with the case without the Plan as a party would be the equivalent of a presentation of Hamlet without the Prince of Denmark. Hence, in the Memorandum and Order Re: Dismissal, the Court has required that the parties reach agreement, or proceed to litigate, regarding the status of the Plan as a party to the case. If the Plan is agreed to be, or is determined to 1 be, a party to the case, it shall be made a party to the instant motions. If the Plan is not a party to the case, the pending summary judgment motions shall be resolved only with regard to Plaintiff’s claims against PNC and Liberty. Accordingly: 1. Defendants’ Motion for Summary Judgment [ECF No. 31] is DENIED WITHOUT PREJUDICE. 2. Plaintiff’s Cross-Motion for Summary Judgment [ECF No. 34] is DENIED WITHOUT PREJUDICE. 3. The parties (including the Plan if a party to the case) may renew the instant motions with existing briefing by filing a notice to that effect after the status of the Plan is resolved. SO ORDERED, on Tuesday, March 21, 2017. /s/__________ Marvin J. Garbis United States District Judge 2

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