Bonner v. Union Pacific Flexible Benefits Program et al
| Gary Lynn Bonner |
| Union Pacific Flexible Benefits Program and Union Pacific Corporation |
| 2:2009cv00364 |
| April 9, 2009 |
| US District Court for the District of Oregon |
| Pendleton Office |
| Outside State |
| Patricia Sullivan |
| Defendant |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| Defendant |
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Filing
62
ORDER: This court ADOPTS the Findings and Recommendation of Magistrate Judge Sullivan dated February 8, 2010 in its entirety. IT IS HEREBY ORDERED that defendants' Motion for Summary Judgment is granted, in part, and denied, in part. Defe ndants' Motion for Summary Judgment on plaintiffs claims for disability benefits is granted because plaintiffs claim is barred by res judicata, the statute of limitations, the preemption doctrine, and because plaintiff lacks standing. Defendants' request for a vexatious litigation order is denied. Defendants' Motion for Summary Judgment on the issue of damages is also denied. Signed on 4/7/10 by Judge Garr M. King. (mr)
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