Mercer v. Life Insurance Co of North America

Plaintiff: Alfred Mercer
Defendant: Life Insurance Co of North America
Case Number: 3:2011cv00372
Filed: March 8, 2011
Court: Louisiana Western District Court
Office: Monroe Office
County: Caddo
Referring Judge: Karen L Hayes
Presiding Judge: Robert G James
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29:1132
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 18, 2012 40 Opinion or Order of the Court JUDGMENT adopting Report and Recommendations re 34 Report and Recommendations. IT IS ORDERED that 28 Motion for Summary Judgment is DENIED. IT IS FURTHER ORDERED that 24 Motion for Summary Judgment is DENIED, insofar as it seeks to re-visit the standard of review to be applied in this case. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Motion 24 is otherwise GRANTED. IT IS FURTHER ORDERED that Defendant continue to make long term disability benefit payments, from the entry o f this judgment, in the monthly amount specified in the Plan, subject to such offsets as are permitted in the Plan, until such time, if there comes such a time, that Life Insurance of North America makes an adverse determination, consistent with ERIS A and the Plan terms, that Plaintiff is no longer entitled to benefits. IT IS FURTHER ORDERED that attorney's fees are awarded in favor of Plaintiff in an amount to be jointly stipulated by the parties, or via contested motion, if, despite all reasonable and diligent efforts, the parties remain unable to agree upon a reasonable figure. IT IS FURTHER ORDERED that defendant bear all assessable court costs. Signed by Chief Judge Robert G James on 6/18/12. (crt,DickersonSld, D)
September 21, 2011 22 Opinion or Order of the Court JUDGMENT granting in part and denying in part 6 Motion for Summary Judgment; granting in part and denying in part 9 Motion for Summary Judgment; adopting Report and Recommendations re 21 Report and Recommendations. Signed by Chief Judge Robert G James on 9/21/11. (crt,DickersonSld, D)

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Plaintiff: Alfred Mercer
Represented By: James A Rountree
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Defendant: Life Insurance Co of North America
Represented By: Daniel P Guillory
Represented By: Christopher Glenn Morris
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