Ciaramitaro v. UNUM Life Insurance Company of America et al

Filing 46

ORDER granting in part and denying in part 42 plaintiff's Motion to Compel defendant to recalculate long-term disability benefit offsets and retroactive payout, request for interest, attorney's feed and civil penalties. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TAMARA CIARAMITARO,

Plaintiff,

Case No. 09-13492
HON. GEORGE CARAM STEEH

vs.

UNUM LIFE INSURANCE, et al.,
Defendants.
__________________________________/
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO
COMPEL DEFENDANT TO RECALCULATE LONG-TERM DISABILITY BENEFIT
OFFSETS AND RETROACTIVE PAYOUT, REQUEST FOR INTEREST, ATTORNEY’S
FEES AND CIVIL PENALTIES
Before the court is plaintiff’s motion to compel defendant to recalculate long-term
disability benefit offsets and retroactive payout, request for interest, attorney’s fees and civil
penalties, filed on June 20, 2011. The parties appeared for a hearing on July 25, 2011, and
as stated on the record:
Plaintiff’s motion to compel defendant to recalculate long-term disability benefit
offsets and retroactive payout, request for interest, attorney’s fees and civil penalties is
GRANTED IN PART and DENIED WITHOUT PREJUDICE IN PART.
Defendant Unum Life Insurance Company of America (“Unum”) shall file, on or
before August 26, 2011, that portion of the administrative record not previously filed,
together with an explanation of plaintiff’s long-term disability benefits award, and a
recalculation of plaintiff’s long-term disability award, if necessary.
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Plaintiff shall file a response to Unum’s explanation of benefits and recalculation of
the long-term disability award on or before September 26, 2011.
Unum may file a reply to plaintiff’s response on or before October 7, 2011.
The court will determine if a hearing is needed upon review of the parties
submissions.
SO ORDERED.
Dated: July 26, 2010
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
July 26, 2011, by electronic and/or ordinary mail.
S/Marcia Beauchemin
Deputy Clerk

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