Rowe v. United of Omaha Life Insurance Company (TV1)

Filing 26

ORDER: The Court OVERRULES defendant's objection to the R&R [Doc. 23]. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 22]. Plaintiffs Motion for Judgment on the ERISA Record [Doc. 16] is hereby GRANTED in part, and th e defendants' Motion for Judgment on the Administrative Record [Doc. 14] is hereby DENIED. This case is hereby REMANDED to the plan administrator for a full and fair review of plaintiff's claim. The Clerk of Court is directed to CLOSE this case. Signed by Chief District Judge Thomas A Varlan on 3/17/2017. (KMK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
DAWN ROWE,
Plaintiff,
v.
UNITED OF OMAHA LIFE
INSURANCE,
Defendant.

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No.:

3:15-CV-256-TAV-CCS

ORDER
For the reasons stated in the memorandum opinion entered contemporaneously
herewith, the Court OVERRULES defendant’s objection to the R&R [Doc. 23].
Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 22]. Plaintiff’s Motion for
Judgment on the ERISA Record [Doc. 16] is hereby GRANTED in part, and the
defendants’ Motion for Judgment on the Administrative Record [Doc. 14] is hereby
DENIED. This case is hereby REMANDED to the plan administrator for a full and fair
review of plaintiff’s claim. The Clerk of Court is directed to CLOSE this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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