Mark v. Aetna Life Insurance Company et al
| Julia Mark |
| Aetna Life Insurance Company and Fedex Office and Print Services, Inc. |
| 1:2017cv00441 |
| February 17, 2017 |
| US District Court for the District of Colorado |
| Denver Office |
| Denver |
| Michael J. Watanabe |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1101 |
| None |
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| Document Text |
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Filing
48
ORDER VACATING DENIAL OF BENEFITS AND REMANDING FOR FURTHER PROCEEDINGS. ORDERED: 1. The Joint Motion for Determination 38 is GRANTED; 2. Judge Watanabe's Recommendation 44 is ADOPTED as modified herein; 3. Defendant's decision t o terminate Plaintiff's short-term disability benefits effective May 27, 2016 is VACATED and this matter is REMANDED to Defendant for supplementation of the record (should Plaintiff choose to submit additional materials), further review of the record as developed on remand, and a new decision; and 4. The Clerk shall enter judgment in favor of Plaintiff and against Defendant, and shall terminate this case. Plaintiff shall have her costs upon compliance with D.C.COLO.LC ivR 54.1. Should Plaintiff intend to seek attorneys' fees, she must do so within the time required, and according to the procedures established by, Federal Rule of Civil Procedure 54(d)(2) and D.C.COLO.LCivR 54.3, by Judge William J. Martinez on 8/24/2018. (dhans, )
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Filing
44
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 38 Joint MOTION for Determination, by Magistrate Judge Michael J. Watanabe on 4/25/2018. It is hereby RECOMMENDED that Defendants denial of Marks STD claim be REVERSED, and that the case be REMANDED with instructions to fully consider the entire record and to request and obtain additional documentation if necessary to determine Marks eligibility for short term disability benefits, consistent with this Recommendation and any other orders Judge Martinez deems appropriate. (slibi, )
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