Darrah v. Montana Retail Store Employees Health and Welfare Plan et al
| Beverly Darrah |
| Montana Retail Store Employees Health and Welfare Plan, Zenith Administrators and International Rehabilitation Associates |
| 1:2008cv00067 |
| May 9, 2008 |
| US District Court for the District of Montana |
| Labor: E.R.I.S.A. Office |
| YELLOWSTONE |
| Richard F. Cebull |
| Carolyn S Ostby |
| Plaintiff |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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Filing
56
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 48 Granting 28 Motion for Summary Judgment filed by International Rehabilitation Associates; Granting in Part and Denying in Part 32 Motion for Summary Judgment filed by Beverly Darrah; and Granting [ 40] Motion for Summary Judgment filed by International Rehabilitation Associates. Darrah's request for Attorney's Fees is Denied. Signed by Judge Richard F. Cebull on 5/14/2009. (EMA) Modified on 5/14/2009 to indicate hard copies mailed to J. Voiland, S. Huck (TMD, ).
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Filing
48
[SEE DOC. NO. 50 BELOW FOR CORRECTION. Motion for Summary Judgment (Doc. No. 40) filed by International Rehabilitation Associates should be GRANTED.] FINDINGS AND RECOMMENDATIONS. IT IS RECOMMENDED that 28 MOTION for Summary Judgment of ERISA Benefits Claim filed by International Rehabilitation Associates be GRANTED; that 32 Cross MOTION for Summary Judgment filed by Beverly Darrah, to the extent it relates to her benefits claim be DENIED but to the extent it seeks a fine for Zenit h Defendants' failure to produce requested documents be GRANTED, and the Zenith Defendants be assessed a fine totaling $10,710; and that 40 MOTION for Summary Judgment 29 U.S.C. Sections 1024, 1132(c) filed by International Rehabil itation Associates be DENIED. In is also recommended that Darrah's claim for attorney's fees be DENIED. Objections to F&R due by 4/17/2009. Signed by Magistrate Carolyn S Ostby on 3/31/2009. (POC, ) Modified on 3/31/2009 (POC, ). (Hard-cc mailed to J. Voiland and S. Huck.) Modified on 4/3/2009 to indicate that Motion for Summary Judgment (No. 40) should read "granted," not "denied." Notified RFC chambers of correction. (POC, ).
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