Bedwell v. Schlumberger Group Welfare Benefits Plan et al

Filing 24

ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: 23 Memorandum and Recommendations. Plaintiff Barney Bedwells Trial Brief in Support of Judgment on the Administrative Record Dkt. 14 , construed as a motion for summary judgment, is DENIED; and De fendants Schlumberger Group Welfare Benefits Plan and the Administrative Committee of the Schlumberger Group Welfare Benefits Plans Response Dkt. 19 , construed as a cross-motion for summary judgment, is GRANTED. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)

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Case 4:18-cv-04515 Document 24 Filed on 11/17/22 in TXSD Page 1 of 2 United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION BARNEY BEDWELL, Plaintiff. VS. SCHLUMBERGER GROUP WELFARE BENEFITS PLAN, et al., Defendants. November 17, 2022 Nathan Ochsner, Clerk § § § § § CIVIL ACTION NO. 4:18-CV-04515 § § § § § ORDER ADOPTING MAGISTRATE JUDGE’S MEMORANDUM AND RECOMMENDATION On July 12, 2022, all pretrial matters were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1). See Dkt. 21. Judge Edison filed a Memorandum and Recommendation on October 31, 2022, recommending that Plaintiff Barney Bedwell’s Trial Brief in Support of Judgment on the Administrative Record (Dkt. 14), construed as a motion for summary judgment, be DENIED and Defendants Schlumberger Group Welfare Benefits Plan and the Administrative Committee of the Schlumberger Group Welfare Benefit Plan’s Response (Dkt. 19), construed as a crossmotion for summary judgment, be GRANTED. See Dkt. 23. No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3). Case 4:18-cv-04515 Document 24 Filed on 11/17/22 in TXSD Page 2 of 2 Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that: (1) Judge Edison’s Memorandum and Recommendation (Dkt. 23) is APPROVED and ADOPTED in its entirety as the holding of the Court; (2) Plaintiff Barney Bedwell’s Trial Brief in Support of Judgment on the Administrative Record (Dkt. 14), construed as a motion for summary judgment, is DENIED; and (3) Defendants Schlumberger Group Welfare Benefits Plan and the Administrative Committee of the Schlumberger Group Welfare Benefits Plan’s Response (Dkt. 19), construed as a cross-motion for summary judgment, is GRANTED. It is so ORDERED. SIGNED and ENTERED this 17th day of November 2022. _____________________________ _ _____ ______________________________________ GEORGE C. C HANKS, HANKS JR. JR UNITED STATES DISTRICT JUDGE 2

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