Gregory v. Metropolitan Life Insurance Company et al
| Jennifer Gregory |
| Metropolitan Life Insurance Company and American Airlines, Inc. |
| 1:2008cv00150 |
| July 23, 2008 |
| US District Court for the District of Vermont |
| Labor: E.R.I.S.A. Office |
| Chittenden |
| J. Garvan Murtha |
| Jerome J. Niedermeier |
| None |
| Federal Question |
| 29:1001 E.R.I.S.A.: Employee Retirement |
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Filing
101
ORDER APPROVING, AFFIRMING AND ADOPTING 90 Magistrate Judge's REPORT AND RECOMMENDATION for 49 Motion for Summary Judgment, 45 Motion for Summary Judgment, 60 Motion to Strike, 66 Motion for Summary Judgment and 57 Motion to Dismiss. Plaintiff's 45 motion for summary judgment to the extent she seeks an order directly awarding her benefits is DENIED. Plaintiff's 66 motion for summary judgment on the issue of plan participation is DENIED. American Airlines, Inc. and Metropolitan Life Insurance Company's 49 cross-motion for summary judgment is DENIED and the matter is REMANDED to the plan administrator for a second-level appeal before the Pension Benefits Administration Committee to determine Plaintiffs e ligibility for long-term disability benefits, including whether or not she was a plan participant at the onset of her disability. In addition, 57 MetLife's motion to dismiss (a) any claim made by Plaintiff against MetLife under ERISA § 5 02(c)(1)(B) for MetLife's alleged violation of 29 C.F.R. § 2560.503-1(h)(2)(iii), and (b) any state law insurance bad faith claim against MetLife is GRANTED. Plaintiff's 60 objection to American's submission of evidence outside the administrative record is SUSTAINED. Signed by Judge J. Garvan Murtha on 8/14/2009. (kak)
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Filing
90
REPORT AND RECOMMENDATION - recommending that the Court deny Plaintiff's 45 MOTION for Summary Judgment to the extent she seeks an order directly awarding her benefits, deny American and MetLife's 49 CROSS MOTION for Summary Judgment, a nd remand the matter to the plan administrator for a second level appeal before the PBAC. It is further recommended that the Court grant MetLife's 57 MOTION to Dismiss (a) any claim made by Plaintiff against MetLife under ERISA § 502(c)(1 )(B) for MetLifes alleged violation of 29 C.F.R. § 2560.503-1(h)(2)(iii) and (b) any state law insurance bad faith claim against MetLife, and sustain Plaintiff's 60 objection to American's submission of evidence outside the administrative record. Objections to R&R due by 6/22/2009. Signed by Judge John M. Conroy on 6/3/09. (hbc)
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Filing
70
ORDER AFFIRMING, APPROVING and ADOPTING 47 REPORT AND RECOMMENDATION : granting 40 Motion to Dismiss filed by Metropolitan Life Insurance Company, and granting 14 Motion to Dismiss filed by American Airlines, Inc. Counts II and IV of the 10 Amended Complaint, which plead causes of action for breach of fiduciary duty against each respective defendant, are DISMISSED. Signed by Judge J. Garvan Murtha on 03/19/2009. (wjf)
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Filing
47
REPORT AND RECOMMENDATION recommending that 40 MOTION to Dismiss Breach of Fiduciary Duty Claims (Count II) filed by Metropolitan Life Insurance Company and 14 MOTION to Dismiss Count IV of 10 Amended Complaint filed by American Airlines, Inc. be granted and that Counts II and IV of the Amended Complaint, which plead causes of action for breach of fiduciary duty against each respective Defendant, be dismissed. Objections to R&R due by 2/20/2009. Signed by Judge John J. Conroy on 2/2/09. (hbc) Text clarified on 2/3/2009 (jlh). Judge corrected on 2/24/2009 (law)
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