Criswell v. Aetna Life Insurance Company

Filing 43

CONSENT ORDER: The parties have agreed that Plaintiff will dismiss the Second and Third Causes of Action. Signed by the Honorable R Bryan Harwell on 8/28/2017. (hcic, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Estate of Amanda G. Criswell, by her
Personal Representative, Judy Criswell,
Plaintiff,
vs.
Aetna Life Insurance Company,
Defendant.

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CASE NO. 4:15-CV-04831-RBH

CONSENT ORDER

This matter is before the Court based on consent of the parties. The parties have agreed
that Plaintiff will dismiss the Second and Third Causes of Action and that Plaintiff’s First and
Fourth Causes of Action are redundant. Accordingly, the parties agree that Plaintiff shall proceed
under the Fourth Cause of Action and that the parties agree the Plaintiff has appropriately pled a
claim for recovery of benefits against the claim administrator, Aetna Life Insurance Company
(“Aetna”), under § 502(a)(1)(b). Accordingly, the Plaintiff shall proceed on the Fourth Cause of
Action under U.S.C. § 502(a)(1)(b) and all other causes of action shall be dismissed. In addition,
Aetna’s answer to the amended complaint [D.E. #41] shall be deemed a sufficient response to the
amended complaint and no further response is required by Aetna.
AND IT IS SO ORDERED.
August 28, 2017
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

I CONSENT:

I CONSENT:

s/Gene M. Connell, Jr.
Gene M. Connell, Jr. (Fed. I.D. No. 236)
Kelaher, Connell & Connor, P.C.
The Courtyard, Suite 209
1500 U.S. Highway 17 North
P.O. Drawer 14547
Surfside Beach, SC 29587-4547
[phone]
[e-mail]

s/Jennifer E. Johnsen
Jennifer E. Johnsen (Fed. I.D. No. 5427)
Gallivan, White & Boyd, P.A.
55 Beattie Place, Suite 1200
P.O. Box 10589
Greenville, SC 29603
(64) 271-9580
[e-mail]

Attorney for Plaintiff

Attorneys for Defendant

August 25, 2017
Surfside Beach, South Carolina

August 25, 2017
Greenville,, South Carolina

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