Shoop et al v. Life Insurance Company of North America et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Motion for Summary Judgment filed by Robert M. Shoop, Michael Shoop, 24 Motion for Summary Judgment filed by CIGNA Corporation, Life Insurance Company of North America, 34 Report and Recommendati ons; the plaintiffs' Motion for Summary Judgment is GRANTED; the defendant's Motion for Summary Judgment is DENIED; judgment is ENTERED in favor of the plaintiff beneficiaries, Robert M. Shoopand Michael Shoop, for the balance of the covera ge elected in the amount of $750,000.00; and, the parties are DIRECTED to file further briefing on the plaintiffs' claims for prejudgment interest and attorneys' fees on a schedule to be set by the Magistrate Judge. Signed by District Judge Rebecca Beach Smith on 8/18/11 and filed on 8/19/11. (jcow, )

UNITED

STATES DISTRICT

COURT

EASTERN DISTRICT OF VIRGINIA

Norfolk Division

ROBERT M.

SHOOP,

Individually and as Executor,
etc.,

et

al.,

Plaintiffs,
v.

LIFE

ACTION NO.

INSURANCE

4:10cvl25

COMPANY OF

NORTH AMERICA,

Defendant.

ORDER

This matter comes before the court on the Motions for Summary
Judgment,

filed by

defendant

on May

the

17,

plaintiffs

2011.

on April

The matter was

States Magistrate Judge by order of June
provisions of 28 U.S.C.

Civil Procedure 72(b),
hearings,

if necessary,

findings

of

fact,

disposition of

if

§ 636{b)(1)(B)

1,

and

22,

and

referred to
2011,

(C)

to conduct hearings,

2011,

by

the

a United

pursuant to the

and Federal Rule of

including evidentiary

and to submit to the undersigned proposed
applicable,

and

recommendations

for

the

the motion.

The United States Magistrate Judge conducted a hearing on June
14,

2011.

The

Magistrate

filed on July 19,
plaintiffs'
Motion

2011.

Motion

for

Judge's

Report

and

Recommendation

was

The magistrate judge recommended that the
Summary

for Summary Judgment

be

Judgment
denied;

be

and

granted;
that

defendant's

judgment

for

the

benefit due under the policy be entered.
Recommendation,

the parties

were

By copy of the Report and

advised of

written objections thereto.

On August 2,

defendant's

the

Objections

Recommendation,
plaintiffs'

The

on

2011,

right

Judge's

15,

the

2011,

file

the court received

Magistrate

August

to

Report

court

and

received

Reply to the Objections.

court,

Recommendation
thereto,

and

to

their

does

having examined the objections
and

having

hereby

adopt

made
and

de

novo

approve

to the Report

findings

in

full

with

the

and

respect

findings

and

recommendations set forth in the Report and Recommendation of the

United States Magistrate Judge
the

plaintiffs'

defendant's
ENTERED

in

Motion

Motion
favor of

and Michael Shoop,
amount

of

for

for

filed July 19,

Summary

Summary

2011.

Judgment

Judgment

is

is

Accordingly,
GRANTED;

DENIED;

the plaintiff beneficiaries,

the

judgment

Robert M.

is

Shoop

for the balance of the coverage elected in the

$750,000.00;

and,

the

parties

are

DIRECTED

to

file

further briefing on the plaintiffs' claims for prejudgment interest

and

attorneys'

fees

on

a

schedule

to

be

set

by

the

Magistrate

Judge.

The

Clerk shall

forward a copy of

this

Order to counsel

the parties.
It

is

so ORDERED.

/s/

Norfolk, Virginia
August

\0,

,

2011

-

Rebecca Beach Smith

United States District

for