Gelfand v. Metropolitan Life Insurance Company et al
| Michael H. Gelfand |
| Citadel Broadcasting Company, MetLife, Inc., Metropolitan Life Insurance Company and Cumulus Media, Inc. |
| 0:2013cv01290 |
| May 29, 2013 |
| US District Court for the District of Minnesota |
| Hennepin |
| Jeffrey J. Keyes |
| Patrick J. Schiltz |
| Labor: E.R.I.S.A. |
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Filing
54
ORDER granting in part and denying in part 25 Motion for Summary Judgment; granting in part and denying in part 27 Motion for Summary Judgment (Written Opinion). IT IS HEREBY ORDERED THAT: 1. Count Two of the complaint is WITHDRAWN. 2. The motion for summary judgment of defendants Metropolitan Life Insurance Company, Citadel Broadcasting Company, and Cumulus Media, Inc. 25 is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED as to Count Three of the complaint. Count Th ree is DISMISSED WITH PREJUDICE AND ON THE MERITS. b. The motion is GRANTED as to Count One insofar as Count One asserts a claim against Citadel and Cumulus. Accordingly, Count One is DISMISSED WITH PREJUDICE AND ON THE MERITS as to defendants Cit adel and Cumulus. c. The motion is DENIED as to Count One insofar as Count One asserts a claim against MetLife. 3. The motion for summary judgment of plaintiff Michael H. Gelfand 27 is GRANTED IN PART and DENIED IN PART. a. The motion is DENI ED as to defendants Citadel Broadcasting Company and Cumulus Media, Inc. b. The motion is DENIED as to the claim asserted in Count Three against MetLife. c. The motion is GRANTED as to the claim asserted in Count One against MetLife. 4. Gelfand 's request for reasonable attorney's fees and costs is GRANTED against MetLife. Gelfand and MetLife must make submissions regarding the amount of those fees and costs as directed in the body of this order. 5. This case is REMANDED to Met Life. On remand, MetLife must reopen the administrative proceedings and determine whether Gelfand qualifies for long-term disability benefits under the Plan. LET JUDGMENT BE ENTERED ACCORDINGLY. Signed by Judge Patrick J. Schiltz on June 30, 2014. (CLG)
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