Niswonger v. PNC Bank Corp and Affiliates Long Term Disability Plan et al

Filing 30

ENTRY AND ORDER granting 29 Plaintiff's Motion for Attorney Fees and Costs. Signed by Judge Thomas M. Rose on 8-19-2015. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
SAMUEL NISWONGER,
Plaintiff,

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Case No. 3:12-cv-374

vs.

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Judge Thomas M. Rose

LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON,

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:

Defendant.

ENTRY AND ORDER GRANTING PLAINTIFF’S MOTION
FOR ATTORNEY’S FEES AND COSTS (ECF No. 29)

Before the Court is Plaintiff’s Motion For Attorney’s Fees And Costs (ECF No. 29),
which seeks an award of attorney’s fees and non-taxable costs under 29 U.S.C. § 1132(g) of the
Employee Retirement Income Security Act of 1974 (ERISA). Defendant Liberty Life Assurance
Company of Boston has not opposed the motion, and the time for it to do so has expired. This
matter is therefore ripe for review.
Upon review of the Motion For Attorney’s Fees And Costs (ECF No. 29), its supporting
memorandum, and the exhibits attached thereto, and noting that no objections have been filed,
the Court finds that Plaintiff is entitled to the requested award of attorney’s fees and non-taxable
costs in the amount of $61,779.00 under the standard set forth in Hardt v. Reliance Standard Ins.
Co., 130 S. Ct. 2149 (2010) and Secretary of Dep’t of Labor v. King, 775 F.2d 666 (6th Cir.
1985). Accordingly, Plaintiff’s Motion For Attorney’s Fees And Costs (ECF No. 29) is
GRANTED in the amount of $61,779.00.

DONE and ORDERED in Dayton, Ohio, this Tuesday, August 19, 2015.

s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE