Memmott v. United of Omaha Life Insurance

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Dee Benson on 11/1/13. (jlw)

FI 0
U.S. DISTRICT COURT
7un NOV - 5

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

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DISTRICT OF UTAH
BY:-:::---:-c---:---_

DEPUTY Cl ER

KAREN MEMMOTT,
Plaintiff,

ORDER ADOPTING REPORT

AND RECOMMENDATION

vs.

Case No. 1:13-CV-25

UNITED OF OMAHA LIFE INSURANCE
CO.,

Judge Dee Benson

Defendant.

Before the court is the Report and Recommendation issued by United States Magistrate
Judge Evelyn J. Furse, recommending: (1) that the court construe Plaintiff's First Amended
Complaint as one to recover benefits pursuant to 29 U.S.C. § 1132(a)(1 )(B); (2) that the court
also construe Plaintiff's First Amended Complaint as one requesting declaratory judgment
pursuant to 29 U.S.C. § 1132(a)(1)(B); and (3) that the court order that Defendant have twentyone (21) days to answer Plaintiffs First Amended Complaint as construed as suggested above.
The parties were notified oftheir rightto file objections to the Report and
Recommendation within fourteen (14) days after receiving it. Neither party has filed such an
objection.

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Having reviewed all relevant materials, including the reasoning set forth in the Magistrate
Judge's Report and Recommendation, the court ADOPTS the Report and Recommendation.
Accordingly, the court hereby ORDERS follows:
1.

Plaintiff's Amended Complaint shall be construed as one to recover benefits
pursuant to 29 U.S.C. § 1132(a)(1)(B);

2.

Plaintiff's Amended Complaint shall also be construed as one requesting
declaratory judgment pursuant to 29 U.S.C. § 1132(a)(1)(B);

3.

Defendant shall have twenty-one (21) days from the date of this order to answer
Plaintiff's First Amended Complaint as construed as suggested above;

DATED this pI day of November, 2013.

Dee Benson
United States District Judge

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