Chaffin v. Nisource, Inc., et al
Rhonella Chaffin |
Nisource, Inc., Nisource Long-Term Disability Plan, Prudential Insurance Company of America and Does 1 through 10, inclusive |
3:2008cv00870 |
June 25, 2008 |
US District Court for the Southern District of West Virginia |
Other Statutory Actions Office |
XX US, Outside State |
Robert C. Chambers |
None |
Federal Question |
29:1132 E.R.I.S.A.-Employee Benefits |
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Filing 53 MEMORANDUM OPINION AND ORDER granting in part and denying in part 40 MOTION for Summary Judgment; granting in part and denying in part 42 MOTION for Summary Judgment; granting in part and denying in part 45 MOTION for Summary Judgment. The Cou rt rules as follows: (1) Plaintiff's 45 motion for Summary Judgment on Count 1 is denied, but her alternative request to remand the benefit issue raised in Count 1 is granted; (2) Plaintiff's 45 motion for Summary Judgment on Count 2 is denied as to Prudential, but granted as to NiSource. Plaintiff awarded judgment in the amount of $18,100.00 against NiSource; (3) NiSource's 42 motion for Summary Judgment on Count 1 is granted, but denied as to count 2; and, (4) Prudential's 40 motion for Summary Judgment is denied as to Count 1, but granted as to Count 2. The Court remands the issue of benefits to Prudential for further consideration. Signed by Judge Robert C. Chambers on 3/23/2010. (cc: attys) (gan) |
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