Kiley v. The Dow Chemical Company Long Term Disability Income Protection Plan et al (TV2)

Filing 42

JUDGMENT ORDER that the Court ACCEPTS IN WHOLE the R&R 41 . Therefore, Plaintiffs Motion for Summary Judgment 33 is DENIED, and Defendants Motion for Judgment on the Administrative Record (ERISA) 31 is GRANTED. Signed by Chief District Judge Thomas A Varlan on 3/5/14. (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
GEORGE R. KILEY,

)
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Plaintiff,
)
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v.
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THE DOW CHEMICAL COMPANY LONG
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TERM DISABILITY PLAN;
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THE DOW CHEMICAL COMPANY as Plan
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Administrator and Plan Sponsor; and
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LIBERTY LIFE ASSURANCE COMPANY OF
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BOSTON as Claims Administrator and Fiduciary, )
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Defendants.
)

No.: 3:12-CV-629-TAV-CCS

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge C. Clifford Shirley, Jr., on February
14, 2014 [Doc. 41]. In the R&R, Magistrate Judge Shirley recommended that the Court
deny Plaintiff’s Motion for Summary Judgment [Doc. 33] and grant Defendants’ Motion
for Judgment on the Administrative Record (ERISA) [Doc. 31]. There have been no
timely objections to the R&R, and enough time has passed since the filing of the R&R to
treat any objections as having been waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P.
72(b).
After a careful review of the matter, the Court is in agreement with Magistrate
Judge Shirley’s recommendations, which the Court adopts and incorporates into its
ruling. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 41]. Therefore,

Plaintiff’s Motion for Summary Judgment [Doc. 33] is DENIED, and Defendants’
Motion for Judgment on the Administrative Record (ERISA) [Doc. 31] is GRANTED.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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