ACKAWAY v. AETNA LIFE INSURANCE COMPANY

Filing 43

ORDERED AS FOLLOWS: 1. THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 34) IS DENIED; 2. THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 35) IS GRANTED; 3. JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANTS, AETNA LIFE INSURANCE COMPANY, AND AGAINST THE PLAINTIFF, ANNA ACKAWAY; AND 4. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/30/2016. 9/30/2016 ENTERED AND COPIES E-MAILED.(lbs, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANNA ACKAWAY, : : : : : : : : : Plaintiff, v. AETNA LIFE INSURANCE COMPANY, Defendant. CIVIL ACTION NO. 14-1300 ORDER AND NOW, this 30th day of September, 2016, after considering (1) the motion for summary judgment filed by the plaintiff, Anna Ackaway (Doc. No. 34); (2) the motion for summary judgment and separately-filed statement of facts filed by the defendant, Aetna Life Insurance Company (Doc. Nos. 35, 36); (3) the administrative record (Doc. No. 37); (4) the plaintiff’s response to the defendant’s statement of material facts and reply brief (Doc. No. 38); (5) the defendant’s response to the plaintiff’s statement of facts (Doc. No. 39); and (6) the defendant’s response in opposition to the plaintiff’s motion for summary judgment (Doc. No. 40); and after hearing oral argument from counsel (Doc. No. 41); and for the reasons stated in the separately-filed memorandum opinion; accordingly, it is hereby ORDERED as follows: 1. The plaintiff’s motion for summary judgment (Doc. No. 34) is DENIED; 2. The defendant’s motion for summary judgment (Doc. No. 35) is GRANTED; 3. Judgment is entered in favor of the defendant, Aetna Life Insurance Company, and against the plaintiff, Anna Ackaway; and 4. The clerk of court is directed to mark this case as CLOSED. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J.

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