LANEGAN v. UNUM LIFE INSURANCE COMPANY OF AMERICA et al

Filing 46

OPINION/ORDER THAT THE MOTION TO DISMISS OF DEFENDANT, UNUM LIFE INSURANCE COMPANY (DOC. NO. 5) IS GRANTED; THE MOTION TO DISMISS OF DEFENDANTS, RUTH FREEMAN AND ADVANCE BILLING, LLC (DOC NO. 16) IS GRANTED; THE MOTION TO DISMISS OF DAIMLER TRUCKS NO RTH AMERICA, LLC AND FREIGHTLINER AFFILIATES RETIREMENT SAVINGS PLAN (DOC. NO. 25) IS GRANTED; PLAINTIFF'S MOTION TO DISQUALIFY COUNSEL (DOC. NO. 27) IS DENIED; AND PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE; AND THE CLERK OF COURT IS DIRECTED TO CLOSE THIS MATTER. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 2/10/17. 2/13/17 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED. (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
WILLIAM KEITH LANEGAN, individually
and/or in his capacity as ADMINISTRATOR
and/or EXECUTOR of the ESTATE OF ROGER
RAY LANEGAN,

CIVIL ACTION
NO. 16-1706

Plaintiff,
v.
UNUM LIFE INSURANCE COMPANY OF
AMERICA, a/k/a UNUM GROUP, a/k/a UNUM
PROVIDENT, et al,
Defendants.
ORDER
AND NOW, this

10th

day of February, 2017, upon review of the

Motions to Dismiss, or in the Alternative, for Summary Judgment, filed by Defendants,
Unum Life Insurance Company of America, Ruth Freeman and Advance Billing, LLC,
and Daimler Trucks North America, LLC and Freightliner Affiliates Retirement Savings
Plan (Docket Nos. 5, 16 and 25), memoranda of law in support, Plaintiff’s opposition
thereto, Defendants’ replies, and after oral argument on said motions, and supplemental
briefing, it is hereby ORDERED as follows:
1. The Motion to Dismiss of Defendant, Unum Life Insurance Company
(Docket No. 5), is GRANTED;
2. The Motion to Dismiss of Defendants, Ruth Freeman and Advance
Billing, LLC (Docket No. 16), is GRANTED;
3. The Motion to Dismiss of Daimler Trucks North America, LLC and
Freightliner Affiliates Retirement Savings Plan (Docket No. 25), is GRANTED;

4. Plaintiff’s Motion to Disqualify Counsel (Docket No. 27) is DENIED
as moot;
5. Plaintiff’s Complaint is DISMISSED with prejudice; and
6. The Clerk of Court is directed to close this matter.

BY THE COURT:

/s/ Jeffrey L. Schmehl
Jeffrey L. Schmehl, J.

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