ADDINGTON v. SENIOR VICE PRESIDENT - HUMAN RESOURCES, CONSOL ENERGY, INCORPORATED et al

Filing 27

ORDER adopting Magistrate Judge's Report and Recommendation as the opinion of this Court; that the Motion to Dismiss 14 is granted. The claims against Defendant Amanda Pipenbacher are dismissed with prejudice and the state law claim against Defendant Liberty Life Assurance Company of Boston in Count II is dismissed with prejudice; that Defendant Amanda Pipenbacher is terminated from the case; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wish es to appeal from this Order, a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within 30 days. Signed by Judge Nora Barry Fischer on 12/13/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GREGORY ADDINGTON,
Plaintiff,
v.
SENIOR VICE PRESIDENT-HUMAN
RESOURCES? CONSOL ENERGY,
INCORPORATED as Plan Administrator of
the Consol: Energy, Inc. Flexible Benefits
Program Long Term Disability Plan,
LIBERTY;LIFE ASSURANCE COMPANY
OF BOSTON and AMANDA
PIPENBACHER also known as Amanda
Quinto,
Defendants.

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Civil Action No. 17-444
Judge Nora Barry Fischer
Chief Magistrate Judge Maureen P. Kelly

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ORDER
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A~D NOW, this J~day of December, 2017, after Plaintiff Gregory Addin~on
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("Plainti~f')

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filed an action in the above-captioned case, and after a Motion to Dismiss was

~led
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by Defendants Liberty Life Assurance Company of Boston and Amanda Pipenbacher, ECF [No.
14, and after a Report and Recommendation was filed by the Chief United States Magistrate
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Judge, ECF No. 26, and no Objections thereto having by filed by Plaintiff, and upon indepen~ent
review 0f the record, and upon consideration of the Magistrate Judge's Report :and
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Recommendation, which is adopted as the opinion of this Court,
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IT IS HEREBY ORDERED that the Motion to Dismiss, ECF No. 14, is GRANTED.
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The claims against Defendant Amanda Pipenbacher are dismissed with prejudice and the state
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,

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law claim against Defendant Liberty Life Assurance Company of Boston in Count II is dismfased
with prejudice.

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ITJS FURTHER ORDERED that Defendant Amanda Pipenbacher is terminated from !the
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case.

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IT: IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules! of

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Appellate, Procedure, if any party wishes to appeal from this Order, a notice of appeal,i as
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provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Cohrt,
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at 700

Gr~nt

Street, Room 3110, Pittsburgh, PA 15219, within thirty (3 0) days.

BY THE COURT:

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Umted States District Judge

cc:

The Honorable Maureen P. Kelly, Chief United States Magistrate Judge
Cqunsel of record via CM-ECF
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