Frassrand v. Metropolitan Life Insurance Company et al

Filing 51

ORDER: the Court ACCEPTS and ADOPTS Magistrate Judge Lee's 45 Report and Recommendations. Plaintiff's 47 objections are OVERULED. Defendant's 46 objections are OVERRULED. Plaintiff is awarded attorney's fees in the amount of $9,366.50. The case shall remain closed. Signed by District Judge Harry S Mattice, Jr on 3/24/2010. (BJL )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE at CHATTANOOGA DEBRA FRASSRAND, Plaintiff, v. METROPOLITAN LIFE INSURANCE, COMPANY, et al., Defendant. ) ) ) ) ) ) ) ) ) ) ORDER United States Magistrate Susan K. Lee filed her Report and Recommendation [Court Doc. 45] pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(a). The parties have filed timely objections [Court Docs. 46 & 47.]. The Court has reviewed de novo those portion of Magistrate Judge Lee's Report and Recommendation to which objections have been made. Fed. R. Civ. Proc. 72(b). The Court finds that Plaintiff's objections and Defendant's objections raise no new arguments but are simply a reargument of issues previously raised on summary judgment and which were fully addressed in the Report and Recommendation. The Court finds that further analysis of these same arguments would be merely cumulative and is unwarranted in light of Magistrate Judge Lee's well-reasoned and well-supported Report and Recommendation. Accordingly, the Court ACCEPTS and ADOPTS Magistrate Judge Lee's findings of fact, conclusions of law, and recommendations pursuant to § 636(b)(1) and Rule 72(b). Plaintiff's objections [Court Doc. 47] are OVERRULED. Defendant's objections [Court Doc. 46] are OVERRULED. Pursuant to 29 U.S.C. § 1132(g)(1), Plaintiff is awarded attorney's fees in the amount of $9,366.50. The case shall remain closed.

Case No. 1:07-cv-222 Judge Mattice

SO ORDERED this 24th day of March, 2010.

/s/Harry S. Mattice, Jr. HARRY S. MATTICE, JR. UNITED STATES DISTRICT JUDGE

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