Thomas v. Cigna Group Insurance et al
| 1:2009cv05029 |
| November 16, 2009 |
| US District Court for the Eastern District of New York |
| Labor: E.R.I.S.A. Office |
| Robert M. Levy |
| Sandra L. Townes |
| Plaintiff |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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Filing
204
MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS: For the foregoing reasons, Magistrate Judge Bulsara's R&R (ECF No. 199 ), dated April 11, 2018, is adopted, in its entirety, as the opinion of the Court. On its motion for attorney' ;s fees and costs, the Estate is awarded attorney's fees in the amount of $69,825 from defendant LINA but is not awarded costs. BOA's motion for attorney's fees is denied. The Clerk of Court is directed to enter judgment accordingly. Ordered by Judge Eric N. Vitaliano on 8/8/2018. (Siegel, Max)
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Filing
178
MEMORANDUM AND ORDER. For the reasons set forth herein, BOA's 159 Motion for Summary Judgment is granted and Plaintiff's request that the Court sua sponte grant summary judgment to Plaintiff is denied. BOA's motion for an a ward of attorney's fees and costs is denied without prejudice at this time. The Court grants Plaintiff permission to file his proposed motion to collect reasonable attorney's fees and costs from the Insurers and grants BOA permission to file a revised motion for attorney's fees pursuant to ERISA § 502(g)(1). The Court directs Plaintiff and BOA to confer and to submit a briefing schedule with respect to these motions on or before 12/23/2016. Ordered by Judge Sandra L. Townes on 12/9/2016. (Barrett, C)
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Filing
145
MEMORANDUM AND ORDER denying the Insurers' 130 Motion for Summary Judgment and granting plaintiff's 136 Motion for Summary Judgment to the extent of remanding this matter to LINA for further proceedings consistent with this memo randum and order. Although this remand is akin to a remand under "sentence four" of 42 U.S.C. § 405(g) remand, as opposed to a remand under "sentence six," this Court cannot enter judgment at this time because there are sti ll outstanding claims involving the Bank. In light of the Second Circuit's opinion in Thomas, 581 Fed. App'x 39, which implies that Countrywide had delegated to LINA its duties as Plan Administrator, id. at 40-41, this Cour t is optimistic that the claims involving the Bank can be resolved without motion practice. If not, the Bank should request a premotion conference in accordance with the Court's Individual Motion Practices and Rules. The Court declines to address plaintiff's motion for attorney's fees at this juncture. Plaintiff can renew that motion following the entry of judgment. Ordered by Judge Sandra L. Townes on 3/2/2015.
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Filing
106
MEMORANDUM AND ORDER. The Court declines to set a schedule for UNA's review ofPlaintiffs claim. The Court also declines to reconsider its order directing LINA to investigate the manner in which Countrywide furnished the SPD to its employees and endeavor to obtain a complete copy of the SPD(s) that were furnished to Decedent, unless Plaintiff"can point tocontrolling decisions or data that the court overlooked... that might reasonably be expected to alter the conclusion reached by the court.". Ordered by Judge Sandra L. Townes on 2/12/2013. (Siegfried, Evan)
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