Brookbank v. Anthem Life Insurance Company

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATIONS Defendants motion for judgment on the administrative record (Doc. 22) isGRANTED. Plaintiffs motion for judgment on the administrative record (Doc. 23) is DENIED.Plaintiffs state law claims are DISMISSED on preemption grounds and judgment is entered infavor of defendant and against plaintiff on the claim to recover benefits under ERISA.. Signed by Judge Susan J. Dlott on 5/16/2016. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Elizabeth Brookbank,

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Plaintiff(s),
vs.
Anthem Life Insurance Company,
Defendant(s).

Case Number: 1:15cv165
Judge Susan J. Dlott

ORDER
The Court has reviewed the Report and Recommendation of United States Magistrate
Judge Karen L. Litkovitz filed on April 20, 2016 (Doc. 29), to whom this case was referred
pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the
time for filing such objections under Fed. R. Civ. P. 72(b) expired May 9, 2016, hereby
ADOPTS said Report and Recommendation.
Accordingly, defendant’s motion for judgment on the administrative record (Doc. 22) is
GRANTED. Plaintiff’s motion for judgment on the administrative record (Doc. 23) is DENIED.
Plaintiff’s state law claims are DISMISSED on preemption grounds and judgment is entered in
favor of defendant and against plaintiff on the claim to recover benefits under ERISA.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court