Greenwald v. Liberty Life Assurance Company of Boston et al

Filing 87

MEMORANDUM AND ORDER that as to Greenwald's first claim, for short-term disability benefits, Judgment is entered in favor of Greenwald, and against defendants Wells Fargo and the STD Plan, and Greenwald's claim is remanded to Wells Fargo for further administrative proceedings consistent with this opinion. And Judgment is entered in favor of Liberty Life, and against Greenwald. Judgment is entered in favor of Greenwald on his third claim, for statutory penalties under 29 U.S.C. § 1132(c). Wells Fargo shall pay Greenwald $5,600, together with post-judgment interest under 28 U.S.C. § 1961. Greenwald shall submit a motion for attorney fees on his first and third claims, and any brief in support, on or before April 5, 2013. The parties may submit further briefs pursuant to NeCivR 7.0.1(b) and (c). Greenwald's 54 Motion to Strike is denied as moot; and A separate judgment will be entered. Ordered by Judge John M. Gerrard. (ADB)