McCreary v. Aetna Life Insurance Company

Filing 43

ORDER DENYING as moot D's 6 Motion to Dismiss. Signed by Judge Larry R. Hicks on 9/27/2010. (Copies have been distributed pursuant to the NEF - DRM)

McCreary v. Aetna Life Insurance Company

Doc. 43

1 2 3 4 5 6 7 8 9 10 Plaintiffs, 11 v. 12 AETNA LIFE INSURANCE COMPANY, 13 Defendant. 14 15 16 17 18 19 20 21 22 23 24 25 26
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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA *** ) ) ) ) ) ) ) ) ) ) ) ) )

TERENCE L. McCREARY, on Behalf of Himself and All Others Similarly Situated,

3:08-CV-00654-LRH-RAM ORDER

Before the court is Defendant Aetna Life Insurance Company's Motion to Dismiss (#61). On August 27, 2010, the court entered an Order of Preliminary Approval (#40) regarding settlement of this case. Given that this matter is in settlement, the Motion to Dismiss will be denied as moot. Should settlement fail, however, this motion will be re-opened for decision. IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (#6) is DENIED as moot. IT IS SO ORDERED. DATED this 27th day of September, 2010.

__________________________________ LARRY R. HICKS UNITED STATES DISTRICT JUDGE

Refers to the court's docket entry number

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