Smith v. Liberty Life Assurance Company of Boston et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
WILEY JOSEPH SMITH
THE PNC FINANCIAL SERVICES
GROUP, et al.
CIVIL ACTION NO. MJG-15-2232
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
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
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
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
be, a party to the case, it shall be made a party to the instant
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.
Defendants’ Motion for Summary Judgment [ECF No.
31] is DENIED WITHOUT PREJUDICE.
Plaintiff’s Cross-Motion for Summary Judgment
[ECF No. 34] is DENIED WITHOUT PREJUDICE.
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.
Marvin J. Garbis
United States District Judge
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