Dunnam v. CommScope, Inc of North Carolina et al
Jeffery Dunnam |
CommScope, Inc of North Carolina and Reliance Standard Life Insurance Company |
4:2015cv00311 |
May 5, 2015 |
US District Court for the Eastern District of Texas |
Sherman Office |
Collin |
Ron Clark |
Caroline Craven |
Employee Retirement Income Security Act of 1974 |
28 U.S.C. ยง 1132 |
None |
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Filing 33 ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE for 27 Report and Recommendations, GRANTING 15 Motion to Dismiss, filed by Reliance Standard Life Insurance Company, CommScope, Inc of North Carolina. It is therefore ORDERED Defendants Motion to Dismiss Certain Claims and Causes of Action Asserted in Plaintiffs First Amended Complaint [Doc. #15] is GRANTED regarding Plaintiffs claim for damages for breach of fiduciary duty of failing to timely and in go od faith investigate the claim and respond to the insured in 45 of the FAC and Plaintiffs claim for a penalty based on alleged failure to follow the rules under 29 C.F.R. § 2560.503(1)(f). Defendants motion is otherwise DENIED. Signed by Judge Ron Clark on 2/8/2016. (baf, ) |
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