Dunnam v. CommScope, Inc of North Carolina et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 27 Report and Recommendations, GRANTING 15 Motion to Dismiss, filed by Reliance Standard Life Insurance Company, CommScope, Inc of North Carolina. It is therefore ORDERED Defendants Motion to Dismiss Certain Claims and Causes of Action Asserted in Plaintiffs First Amended Complaint [Doc. #15] is GRANTED regarding Plaintiffs claim for damages for breach of fiduciary duty of failing to timely and in go od faith investigate the claim and respond to the insured in 45 of the FAC and Plaintiffs claim for a penalty based on alleged failure to follow the rules under 29 C.F.R. § 2560.503(1)(f). Defendants motion is otherwise DENIED. Signed by Judge Ron Clark on 2/8/2016. (baf, )

**NOT FOR PRINTED PUBLICATION**
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
JEFFREY DUNNAM

§
§
V.
§
§
RELIANCE STANDARD LIFE INS. CO. §
AND COMMSCOPE, INC. OF NORTH §
CAROLINA
§

No. 4:15cv311-RC-CMC

ORDER 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 referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On
August 28, 2015, the report of the Magistrate Judge was entered, containing proposed findings of
fact and recommendations that Defendant’s Motion to Dismiss Certain Claims and Causes of Action
Asserted in Plaintiffs’ First Amended Complaint (“FAC”) [Doc. #15] be granted in part and denied
in part.
Having received the report of the United States Magistrate Judge, and no objections thereto
having been timely filed, this Court is of the opinion 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 Defendant’s Motion to Dismiss Certain Claims and Causes of Action Asserted
in Plaintiffs’ First Amended Complaint [Doc. #15] is GRANTED regarding Plaintiff’s claim for
“damages for breach of fiduciary duty of failing to timely and in good faith investigate the claim and

respond to the insured” in ¶ 45 of the FAC and Plaintiff’s claim for a “penalty” based on alleged
failure to “follow the rules” under 29 C.F.R. § 2560.503(1)(f). Defendant’s motion is otherwise
DENIED.
So ORDERED and SIGNED this 8 day of February, 2016.

___________________________________
Ron Clark, United States District Judge

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