Thrift v. Aetna Life Insurance Company et al

Filing 35

ORDER granting 20 Motion for Summary Judgment; denying 24 Motion for Summary Judgment. ORDERED: 1. Dfts Motion for Summary Judgment is DENIED. 2. Plaintiff's Motion for Summary Judgment is GRANTED as follows: (SEE ORDER FOR COMPLETE DETAILS and DEADLINES). Signed by Judge Sam E Haddon on 10/12/2016. (ELL, )

IN THE UNITED ST ATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

OCT I 2 2016

BUTTE DIVISION

Clerk, U.S District Court

JOSEPH THRIFT,

D1stnct Of Montana
Helena

Plaintiff,

No. CV-15-56-BU-SEH

vs.

ORDER

AETNA LIFE INSURANCE CO.,
insurer and administrator of THE
BOEING COMPANY NON-UNION
GROUP LONG TERM DISABILITY
PLAN,
Defendant.

Upon the record made in open court on October 12, 2016,
ORDERED:
1.

Defendant's Motion for Summary Judgment 1 is DENIED.

2.

Plaintiffs Motion for Summary Judgment2 is GRANTED as follows:
a.

1

Doc. 24.

2

Plaintiff is entitled to reinstatement of disability benefits,

Doc. 20.
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consistent with the terms and conditions of the Boeing Company
Non-Union Group Long Term Disability Plan from and after
November 28, 2014.
b.

Defendant shall remain obligated to pay disability benefits to

Plaintiff until such time as defendant can establish, upon the record,
that Plaintiff is presently capable of an income of more than 80% of
predisability earnings.
3.

The parties shall meet and confer on or before October 28, 2016, for

the purpose of endeavoring to reach an agreement on Plaintiffs claim for
attorneys' fees and prejudgment interest.
a.

If such agreement is reached, notice of such shall be filed.

b.

If agreement as to attorneys' fees and interest, or either, is not

reached:
1.

Plaintiff may file a motion for interest and attorneys' fees

and supporting brief on or before October 28, 2016.
11.

Defendant may file a response brief directed to both

issues on or before November 11, 2016.
111.

The matter will be deemed submitted for decision as of

November 11, 2016.
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1v.

Plaintiff may have to and including November 18, 2016,

in which to file an optional reply brief.
DATED this

_Q_~ of October, 2016

£1£,u;~h\
~.HA:6DON

\

United States District Judge

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