MORGAN v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Filing 21

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED; PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; NO LATER THAN 12/3/10,THE PARTIES SHALL SUBMIT A PROPOSED ORDER AWARDING THE PLAINTIFF RELIEF CONSISTENT WITH THE MEMORANDUM OPINION ACCOMPANYING THIS ORDER. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/18/10. 11/18/10 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

M O R GAN v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

Do c. 21

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DUANE MORGAN v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA : : : : : : ORDER AND NOW, this 18th day of November, 2010, upon consideration of the crossmotions for summary judgment (Document Nos. 12 and 14) and after a thorough examination of the administrative record, it is ORDERED as follows: 1. 2. 3. The defendant's motion for summary judgment is DENIED; The plaintiff's motion for summary judgment is GRANTED; No later than December 3, 2010, the parties shall submit a proposed order CIVIL ACTION

NO. 10-1000

awarding the plaintiff relief consistent with the memorandum opinion accompanying this Order. If the parties cannot agree on a proposed order, they shall file separate proposed orders accompanied by explanations not to exceed three pages. 4. Judgment will be entered in favor of plaintiff Duane Morgan and against

defendant The Prudential Insurance Company of America after the parties have complied with the preceding paragraph.

/s/ Timothy J. Savage TIMOTHY J. SAVAGE, J.

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