MARTRAY v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY

Filing 18

ORDER denying 3 Motion to Dismiss for Failure to State a Claim; 17 Supplemental Report and Recommendations of Magistrate Judge Lisa Pupo Lenihan, dated December 28, 2016, is adopted as the opinion of the Court. Signed by Chief Judge Joy Flowers Conti on 1/19/2017. (smc)

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 ORDER
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 Supplemental Report and Recommendation (ECF No.
17), filed on December 28, 2016, recommended that the Motion to Dismiss (ECF No. 3)
filed by Defendant Transamerica Premier Life Insurance Company 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, that they had fourteen (14) days to file any objections. No
objections have been filed.
After a de novo review of the pleadings and documents in the case, together with
the Supplemental Report and Recommendation, the following order is entered:

AND NOW, this 19th day of January, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 3) filed by
Defendant Transamerica Premier Life Insurance Company is DENIED.
IT IS FURTHER ORDERED that the Supplemental Report and Recommendation
(ECF No. 17) of Magistrate Judge Lisa Pupo Lenihan, dated December 28, 2016, is
adopted as the opinion of the Court.
/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge
cc: All Counsel of Record
Via CM/ECF Electronic Mail

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