Peterson v. International Paper Company et al

Filing 107

JUDGMENT; IT IS ORDERED AND ADJUDGED that pursuant to the courts order dated October 20, 2009, it DENIES the motions for summary judgment by Plaintiff Daniel Peterson and ALLOWS the motion for summary judgment by Defendants. Wausau Benefits, Inc., i s hereby DISMISSED from this action, and Petersons claims for benefits under the International Paper Companys Long-Term Disability Plan are hereby DISMISSED. The court ALLOWS Defendants counterclaim for recovery of overpayment amounts. ACCORDINGLY, i t is ORDERED that the Clerk of Court shall enter Judgment herein as follows: Plaintiff Petersons Motion for Summary Judgment is DENIED. The Defendants Motion for Summary Judgment is ALLOWED. Wausau Benefits, Inc. is DISMISSED from this action and P etersons claims for benefits under the International Paper Companys Long-Term Disability Plan are DISMISSED. The Defendants counterclaim for recovery of overpayment amounts is ALLOWED in the principal sum of $51,118.75. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 12/1/2009. Copies served. (Edwards, S.)

A O 4 5 0 ( R e v . 5/85)

United States District Court
EASTERN DISTRICT OF NORTH CAROLINA
DANIEL PETERSON, Plaintiff and Counter-Defendant, v. IN T E R N A T IO N A L PAPER COMPANY, et al., Defendants. v. IN T E R N A T IO N A L PAPER COMPANY LONG T E R M DISABILITY PLAN, et al., Counter-Plaintiffs, v. D A N IE L PETERSON, Counter-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

J U D G M E N T IN A CIVIL CASE C A S E NO. 7:06-CV-48-F

D ecisio n by Court. IT IS ORDERED AND ADJUDGED that pursuant to the court's order dated October 20, 2009, th at it DENIES the motions for summary judgment by Plaintiff Daniel Peterson and ALLOWS the m o tio n for summary judgment by Defendants. Wausau Benefits, Inc., is hereby DISMISSED from this actio n , and Peterson's claims for benefits under the International Paper Company's Long-Term D isab ility Plan are hereby DISMISSED. The court ALLOWS Defendants' counterclaim for recovery o f overpayment amounts. ACCORDINGLY, it is ORDERED that the Clerk of Court shall enter Judgment herein as fo llo w s: Plaintiff Peterson's Motion for Summary Judgment is DENIED. The Defendants' Motion for S u m m ary Judgment is ALLOWED. Wausau Benefits, Inc. is DISMISSED from this action and P eterso n 's claims for benefits under the International Paper Company's Long-Term Disability Plan are D IS M IS S E D . The Defendants' counterclaim for recovery of overpayment amounts is ALLOWED in th e principal sum of $51,118.75. THE ABOVE JUDGMENT WAS ENTERED TODAY, December 1, 2009, AND A COPY M A ILE D VIA ELECTRONICALLY OR BY REGULAR MAIL TO: Jam es B. Gillespie, Jr. Jo n ath an P. Miller 4 1 5 Chestnut Street Wilm in gto n , NC 28401
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B ruce M. Steen S u san P. Dion 1 0 0 N. Tryon Street, Suite 2900 C h arlo tte, NC 28202

Kev in Scott Joyner 2 3 0 1 Sugarbush Road, Suite 600 R a leigh , NC 27612

D ecem b er 1, 2009 D ate

DENNIS P. IAVARONE Clerk of Court /s/ Susan K. Edwards (By) Deputy Clerk

Wilmington, North Carolina

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