Pettway v. The Prudential Insurance Company of America

Justia Dockets & Filings Fifth Circuit Mississippi Southern District Pettway v. The Prudential Insurance Company of America

Pettway v. The Prudential Insurance Company of America

Plaintiff:	Walter Pettway
Defendant:	The Prudential Insurance Company of America
Case Number:	5:2008cv00283
Filed:	September 16, 2008
Court:	US District Court for the Southern District of Mississippi
Office:	Labor: E.R.I.S.A. Office
County:	Warren
Presiding Judge:	Keith Starrett
Presiding Judge:	John M. Roper
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	28:1332 Diversity-Notice of Removal

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Date Filed	Document Text
September 11, 2009	Filing 26 ORDER granting in part and denying in part Plaintiff's 11 Motion for Summary Judgment. The motion is granted to the extent that the Court finds that he is entitled to a reinstatement of LTD benefits consistent with the terms of the policy and an award of attorneys fees. The Defendant had properly calculated the benefits to which the Plaintiff was entitled and the Plaintiff's claim for additional benefits is denied. This order also grants in part and denies in part Defendant's [ 13] Motion for Summary Judgment. The Defendant's Motion for Summary Judgment is granted to the extent that all of the Plaintiff's claims, except those for benefits and attorneys fees, are preempted and dismissed; the motion is denied as to the Plaintiff's claims for benefits and attorney fees. Further, the Plaintiff is entitled to an award of attorney fees and costs for the prosecution of this action and he shall, within ten days of this Order, furnish a detailed bill of costs a nd itemization of expenses and attorney fees to support a final judgment; that the Defendant shall respond to the bill of costs and itemization of expenses and attorney fees, if it so chooses, within twenty days of this order at which time the Court will enter a final judgment in accordance with Rule 58 of the Fed. R. Civ. P. (dsl)
September 22, 2008	Filing 3 ORDER OF RECUSAL. Honorable David C. Bramlette, III and Magistrate Judge John M. Roper recused. Case reassigned to District Judge Keith Starrett and Magistrate Judge Michael T. Parker for all further proceedings Signed by Honorable David C. Bramlette, III on 9/16/08 (MGB)

Date Filed

Document Text

September 11, 2009

Filing 26 ORDER granting in part and denying in part Plaintiff's 11 Motion for Summary Judgment. The motion is granted to the extent that the Court finds that he is entitled to a reinstatement of LTD benefits consistent with the terms of the policy and an award of attorneys fees. The Defendant had properly calculated the benefits to which the Plaintiff was entitled and the Plaintiff's claim for additional benefits is denied. This order also grants in part and denies in part Defendant's [ 13] Motion for Summary Judgment. The Defendant's Motion for Summary Judgment is granted to the extent that all of the Plaintiff's claims, except those for benefits and attorneys fees, are preempted and dismissed; the motion is denied as to the Plaintiff's claims for benefits and attorney fees. Further, the Plaintiff is entitled to an award of attorney fees and costs for the prosecution of this action and he shall, within ten days of this Order, furnish a detailed bill of costs a nd itemization of expenses and attorney fees to support a final judgment; that the Defendant shall respond to the bill of costs and itemization of expenses and attorney fees, if it so chooses, within twenty days of this order at which time the Court will enter a final judgment in accordance with Rule 58 of the Fed. R. Civ. P. (dsl)

September 22, 2008

Filing 3 ORDER OF RECUSAL. Honorable David C. Bramlette, III and Magistrate Judge John M. Roper recused. Case reassigned to District Judge Keith Starrett and Magistrate Judge Michael T. Parker for all further proceedings Signed by Honorable David C. Bramlette, III on 9/16/08 (MGB)

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Plaintiff: Walter Pettway
Represented By:	Paul Kelly Loyacono
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Defendant: The Prudential Insurance Company of America
Represented By:	Kevin A. Rogers
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