Peterson v. International Paper Company et al

Justia Dockets & Filings Fourth Circuit North Carolina Eastern District Peterson v. International Paper Company et al

Peterson v. International Paper Company et al

Case Number:	7:2006cv00048
Filed:	April 18, 2006
Court:	US District Court for the Eastern District of North Carolina
Office:	Southern Division Office
Presiding Judge:	James C. Fox
Nature of Suit:	Labor: Other
Cause of Action:	29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By:	None

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Date Filed	Document Text
December 1, 2009	Filing 107 JUDGMENT; IT IS ORDERED AND ADJUDGED that pursuant to the courts order dated October 20, 2009, it DENIES the motions for summary judgment by Plaintiff Daniel Peterson and ALLOWS the motion for summary judgment by Defendants. Wausau Benefits, Inc., i s hereby DISMISSED from this action, and Petersons claims for benefits under the International Paper Companys Long-Term Disability Plan are hereby DISMISSED. The court ALLOWS Defendants counterclaim for recovery of overpayment amounts. ACCORDINGLY, i t is ORDERED that the Clerk of Court shall enter Judgment herein as follows: Plaintiff Petersons Motion for Summary Judgment is DENIED. The Defendants Motion for Summary Judgment is ALLOWED. Wausau Benefits, Inc. is DISMISSED from this action and P etersons claims for benefits under the International Paper Companys Long-Term Disability Plan are DISMISSED. The Defendants counterclaim for recovery of overpayment amounts is ALLOWED in the principal sum of $51,118.75. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 12/1/2009. Copies served. (Edwards, S.)
October 20, 2009	Filing 104 ORDER denying 71 Motion for Summary Judgment; denying 73 Motion for Summary Judgment; granting 74 Motion for Summary Judgment; finding as moot 94 Motion for Hearing. The parties are DIRECTED to confer on the amount due under the counterclaim in accordance with the court's reasoning herein, and Defendants are DIRECTED to report to the court on or before 11/17/09 on the overpayment amount. The Clerk is further directed to refrain from issuing a judgment on the Defendants' counterclaim until the court directs entry of judgment. Signed by Judge James C. Fox on 10/20/2009. Copies served. (Edwards, S.)

Date Filed

Document Text

December 1, 2009

Filing 107 JUDGMENT; IT IS ORDERED AND ADJUDGED that pursuant to the courts order dated October 20, 2009, it DENIES the motions for summary judgment by Plaintiff Daniel Peterson and ALLOWS the motion for summary judgment by Defendants. Wausau Benefits, Inc., i s hereby DISMISSED from this action, and Petersons claims for benefits under the International Paper Companys Long-Term Disability Plan are hereby DISMISSED. The court ALLOWS Defendants counterclaim for recovery of overpayment amounts. ACCORDINGLY, i t is ORDERED that the Clerk of Court shall enter Judgment herein as follows: Plaintiff Petersons Motion for Summary Judgment is DENIED. The Defendants Motion for Summary Judgment is ALLOWED. Wausau Benefits, Inc. is DISMISSED from this action and P etersons claims for benefits under the International Paper Companys Long-Term Disability Plan are DISMISSED. The Defendants counterclaim for recovery of overpayment amounts is ALLOWED in the principal sum of $51,118.75. Signed by Dennis Iavarone, Clerk of Court by Susan Edwards, Deputy on 12/1/2009. Copies served. (Edwards, S.)

October 20, 2009

Filing 104 ORDER denying 71 Motion for Summary Judgment; denying 73 Motion for Summary Judgment; granting 74 Motion for Summary Judgment; finding as moot 94 Motion for Hearing. The parties are DIRECTED to confer on the amount due under the counterclaim in accordance with the court's reasoning herein, and Defendants are DIRECTED to report to the court on or before 11/17/09 on the overpayment amount. The Clerk is further directed to refrain from issuing a judgment on the Defendants' counterclaim until the court directs entry of judgment. Signed by Judge James C. Fox on 10/20/2009. Copies served. (Edwards, S.)

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