Austin v. Union Bond & Trust Co. et al
| Kerry D. Austin |
| Morley Capital Management, Principal Life Insurance Co. and Union Bond & Trust Co. |
| 3:2014cv00706 |
| April 29, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Janice M. Stewart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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The following documents for this case are available for you to view or download:
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Filing
223
Judgment of Dismissal by Judge Anna J. Brown granting Motion to Dismiss 221 . All pending motions and objections are denied as moot. Signed on 10/31/17. (jy)
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Filing
134
ORDER: The Court ADOPTS Magistrate Judge Stewarts Findings and Recommendation 127 . The Court, therefore, GRANTS in part Defendants 46 to Dismiss as to Plaintiffs excessive fees theory of liability and DENIES in part Defendants Motion as to Plaintiffs investment-strategy theory. The Court also DENIES Defendants Motion 133 for Leave to Respond. This matter is returned to Magistrate Judge Youlee Yim You for further proceedings. Signed on 03/30/2016 by Judge Anna J. Brown. See attached 4 page Order for full text. (bb)
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Filing
125
Opinion and Order reversing and remanding the Commissioner's decision for an award of benefits. Signed on 2/10/16 by Magistrate Judge Janice M. Stewart. (ST) Modified on 2/10/2016 to strike entry as this was docketed in the wrong case.(jlr).
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Filing
42
ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 38 , GRANTS Defendants' Motion 25 to Dismiss, and DISMISSES Plaintiff's claims as follows: (1) The Court dismisses all of Plaintiff's cla ims against Principal Life Insurance Company (Second Claim and portions of the Third and Fourth Claims) with prejudice; (2) The Court dismisses the portions of Plaintiff's First, Third, and Fourth Claims against Union and Morley as to setting the Crediting Rates and retaining the spread in the Principal Synthetic Investment Contract (SIC) with prejudice; and (3) The Court dismisses the remaining portions of Plaintiff's First, Third, and Fourth Claims against Union without prejudice . The Court GRANTS Plaintiff leave to file an Amended Complaint to cure the deficiencies noted in the Findings and Recommendation with respect to Plaintiff's First, Third, and Fourth Claims against Union no later than January 14, 2015. Signed on 12/23/2014 by Judge Anna J. Brown. See attached Order. (bb)
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