Carbajal v. Hartford Life And Accident Insurance Company et al

Filing 29

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 23 Report and Recommendations, GRANTING 19 Motion to Dismiss, filed by Group Long Term Disability for Employees of Universal Health Services, Inc. Plan No. LTD - 512. Plaintiff's claims for breach of fiduciary duty, equitable relief under 29 USC 1132(a), and compensatory damage claim for emotional distress are DISMISSED WITH PREJUDICE. Signed by Judge Michael H. Schneider on 3/3/2010. (baf, )

United States District Court
E A S T E R N DISTRICT OF TEXAS S H E R M A N DIVISION

MARGARET CARBAJAL vs. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, ET AL

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Case No. 4:09cv581 (Judge Schneider/Judge Mazzant)

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. §636. On February 10, 2010, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Defendant Group Long Term Disability for Employees of Universal Health Services, Inc. Plan No. Ltd.-512's Motion to Partially Dismiss Plaintiff's Original Complaint should be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court. It is, therefore, ORDERED that Defendant Group Long Term Disability for Employees of Universal Health Services, Inc. Plan No. Ltd.-512's Motion to Partially Dismiss Plaintiff's Original Complaint (Dkt. # 19) is GRANTED and Plaintiff's claims for breach of fiduciary duty, equitable

relief under 29 U.S.C. § 1132(a), and compensatory damage claim for emotional distress are DISMISSED with prejudice. IT IS SO ORDERED.
SIGNED this 3rd day of March, 2010.

____________________________________ MICHAEL H. SCHNEIDER UNITED STATES DISTRICT JUDGE

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