Gladstein v. Lincoln Financial Group, Inc.
| Dayna Gladstein |
| Lincoln Financial Group, Inc. |
| Lincoln Financial Group, Inc. |
| Dayna Gladstein |
| 1:2014cv00390 |
| September 2, 2014 |
| US District Court for the District of Rhode Island |
| Providence Office |
| Providence |
| Mary M. Lisi |
| Patricia A. Sullivan |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1441 |
| None |
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Filing
39
MEMORANDUM AND ORDER: DENYING Plaintiff Dayna Gladstein's 23 Motion for Summary Judgment; DENYING Plaintiff Dayna Gladstein's 36 Motion to Amend the Complaint; GRANTING Defendant Lincoln Financial Group's 22 Motion for Summar y Judgment with respect to the following: 1) Lincoln's acceptance of the annotated $90,000 check Gladstein submitted as offset for the SSDI payments she received does not constitute full accord and satisfaction. Gladstein remains obligat ed to repay the full amount of any overpayments she incurred; 2) The SSDI benefits awarded to Gladstein's daughter are included in "Other Income," as defined in the Policy, and they must be included in the calculation of the overpaym ent which Gladstein incurred: 3) Lincoln is authorized to reduce LTD benefit payments awarded to Gladstein until full reimbursement of the overpaid amounts were made. Further, Lincoln's claim for unjust enrichment is DISMISSED as moot. -- Wit h respect to Lincoln's request for attorney's fees pursuant to 29 U.S.C. § 1132 (g)(1) asserted in Count VI of its counterclaim, Lincoln, as the prevailing party in this litigation, is directed, if it so chooses, to file a motion f or attorneys fees within fourteen (14) days of issuance of this Memorandum and Order (i.e., by October 7, 2015). Gladstein may file a response within fourteen (14) days thereafter. ---- So Ordered by Judge Mary M. Lisi on 9/22/2015. (Duhamel, John)
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