Cumbest et al v. Gerber Life Insurance Company et al

Filing 30

SUMMARYJUDGMENT: Pursuant to the Memorandum Opinion 29 issued in this cause, the motion 21 for summary judgment filed by Defendants Gerber Life Insurance Company, and Voluntary Accidental Death and Dismemberment Policy for Employees of Northrop G rumman Corporation is granted; the motion for summary judgment filed by Plaintiffs' Thomas Cumbest, Ann Cumbest and Juvenile Female ZC is denied; the parties shall bear their respective costs relative to this cause of action; thi matter is dismissed. See Memorandum Opinion and Summary Judgment for complete text. Signed by District Judge Walter J. Gex, III on September 16, 2009. (Gex, Kathleen)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION THOMAS CUMBEST, ANN CUMBEST, and Juvenile Female ZC, a minor VERSUS GERBER LIFE INSURANCE COMPANY, a non-resident corporation of the State of Mississippi; NORTHROP GRUMMAN CORPORATION, a non-resident corporation of the State of Mississippi; and THE VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENT POLICY FOR EMPLOYEES OF NORTHROP GRUMMAN CORPORATION SUMMARY JUDGMENT PLAINTIFFS CIVIL ACTION NO. 1:07cv968WJG-JMR DEFENDANTS THIS CAUSE is before the Court on the motion [21] for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure filed by Defendants Gerber Life Insurance Company and The Voluntary Accidental Death and Dismemberment Policy for employees of Northrop Grumman Corporation for summary judgment. Also pending before the Court is the motion [18] for summary judgment of Plaintiffs Thomas Cumbest, Ann Cumbest and Juvenile Female ZC Cumbest [collectively, the Cumbests]. Pursuant to the Memorandum Opinion entered in this cause, this date, incorporated herein by reference, it is therefore, ORDERED AND ADJUDGED that Defendants' motion [21] for summary judgment be, and is hereby, granted. It is further, Page 1 of 2 ORDERED AND ADJUDGED that the Plaintiffs' motion [18] for summary judgment be, and is hereby, denied. It is further, ORDERED AND ADJUDGED that each party shall bear their respective costs associated with this cause of action. It is further, ORDERED AND ADJUDGED that this matter be, and is hereby dismissed, and closed on the docket of this Court. SO ORDERED AND ADJUDGED, this the 16th day of September, 2009. UNITED STATES SENIOR DISTRICT JUDGE Page 2 of 2

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