MARTRAY v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY

Filing 16

MEMORANDUM OPINION & ORDER. Signed by Chief Judge Joy Flowers Conti on 12/22/16. Because defendants objections raise issues not addressed in the Report andRecommendation, the Report and Recommendation will NOT be adopted and this case is hereby REMANDED to the magistrate judge to address these issues in a Report and Recommendation. (jp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DIANNE MARTRAY,
Plaintiff,
v.
TRANSAMERICA PREMIER LIFE
INSURANCE COMPANY, formerly
known as MONUMENTAL LIFE
INSURANCE COMPANY,
Defendant.

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Case No. 2:16-cv-1363
Chief Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan
ECF No. 3

MEMORANDUM OPINION
The complaint in the above-captioned case was received by the Clerk of Court
on September 2, 2016, and was referred to a United States Magistrate Judge for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and
Local Rules of Court 72.C and 72.D.
The magistrate judge's Report and Recommendation (ECF No. 13), filed on
October 7, 2016, recommended that the motion to dismiss (ECF No. 3) filed by
defendant Transamerica Premier Life Insurance Company (“defendant”) be denied.
Service was made on all counsel of record. The parties were informed that, in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule
72.D.2 of the Local Rules of Court, they had fourteen days to file any objections.
Defendant filed timely objections to the Report and Recommendation (ECF No. 14), to
which plaintiff Dianne Martray (“plaintiff”) filed a timely response. (ECF No. 15).

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Because defendant’s objections raise issues not addressed in the Report and
Recommendation, the Report and Recommendation will not be adopted and this case is
hereby remanded to the magistrate judge to address these issues in a Report and
Recommendation.

IT IS SO ORDERED.

Dated: December 22, 2016

cc:

/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge

All Counsel of Record
Via CM/ECF Electronic Mail

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