Surratt v. UNUM Life Insurance Company of America

Justia Dockets & Filings Fifth Circuit Louisiana Eastern District Surratt v. UNUM Life Insurance Company of America

Surratt v. UNUM Life Insurance Company of America

Plaintiff:	Gwen Surratt
Defendant:	UNUM Life Insurance Company of America
Case Number:	2:2011cv02943
Filed:	November 29, 2011
Court:	US District Court for the Eastern District of Louisiana
Office:	New Orleans Office
County:	Livingston
Presiding Judge:	Nannette Jolivette Brown
Presiding Judge:	Daniel E. Knowles
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1104
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2013	Filing 36 ORDER & REASONS: before the Court is pla Gwen Surratt's 18 Motion for Judgment as a Matter of Law wherein she seeks an increased award of disability payments from Defendant Unum Life Insurance Company of America ("Unum") and recovery of attorney's fees, costs, and prejudgment interest; for the reasons stated, IT IS HEREBY ORDERED that Surratt's 18 motion for judgment as a matter of law is GRANTED IN PART and DENIED IN PART; IT IS FURTHER ORDERED that Unum recalculate Surratt's long-term disability benefits to include the perpetuity payments she received in 2010, retroactive to the date of her eligibility; IT IS FURTHER ORDERED that the Court will DENY WITHOUT PREJUDICE Surratt's request for attorney� 39;s fees, costs, and prejudgment interest to allow for additional briefing; IT IS FURTHER ORDERED that Surratt file a memorandum no later than September 12, 2013, on the issues of whether she is entitled to recover attorney's fees, costs, and p rejudgment interest, and if so, how much she is entitled to recover. IT IS FURTHER ORDERED that Unum file any response to Surratt's memorandum no later than September 26, 2013. IT IS FURTHER ORDERED that the matter will be set for submission on October 9, 2013, at 10 a.m. Signed by Judge Nannette Jolivette Brown on 8/29/2013. (rll, )

Date Filed

Document Text

August 29, 2013

Filing 36 ORDER & REASONS: before the Court is pla Gwen Surratt's 18 Motion for Judgment as a Matter of Law wherein she seeks an increased award of disability payments from Defendant Unum Life Insurance Company of America ("Unum") and recovery of attorney's fees, costs, and prejudgment interest; for the reasons stated, IT IS HEREBY ORDERED that Surratt's 18 motion for judgment as a matter of law is GRANTED IN PART and DENIED IN PART; IT IS FURTHER ORDERED that Unum recalculate Surratt's long-term disability benefits to include the perpetuity payments she received in 2010, retroactive to the date of her eligibility; IT IS FURTHER ORDERED that the Court will DENY WITHOUT PREJUDICE Surratt's request for attorney� 39;s fees, costs, and prejudgment interest to allow for additional briefing; IT IS FURTHER ORDERED that Surratt file a memorandum no later than September 12, 2013, on the issues of whether she is entitled to recover attorney's fees, costs, and p rejudgment interest, and if so, how much she is entitled to recover. IT IS FURTHER ORDERED that Unum file any response to Surratt's memorandum no later than September 26, 2013. IT IS FURTHER ORDERED that the matter will be set for submission on October 9, 2013, at 10 a.m. Signed by Judge Nannette Jolivette Brown on 8/29/2013. (rll, )

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Defendant: UNUM Life Insurance Company of America
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Plaintiff: Gwen Surratt
Represented By:	Reagan Levert Toledano
Represented By:	Jessica Michelle Vasquez
Represented By:	James Frederick Willeford
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