Frye v. Metropolitan Life Insurance Company
| Tammy L. Frye |
| Metropolitan Life Insurance Company, Tri-State Food Systems, Inc. and Does 1 through 10 |
| 3:2010cv00107 |
| February 1, 2010 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Wayne |
| Robert C. Chambers |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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| Document Text |
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Filing
56
ORDER granting 50 MOTION for Attorney Fees and Expenses; the Court further orders that the Defendants pay $18,279.11 in attorneys' fees and expenses in a manner consistent with this Order. Signed by Judge Robert C. Chambers on 2/4/2011. (cc: attys; any unrepresented party) (skm)
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Filing
49
MEMORANDUM OPINION AND ORDER granting in part and denying in part 35 MOTION for Summary Judgment; granting in part and denying in part 38 MOTION for Summary Judgment; granting in part and denying in part 41 MOTION for Summary Judgment. Plainti ff's motion for summary judgment as to her claim for STD Benefits is granted; MetLife's motion for summary judgment as to the STD Benefits is denied. MetLife's motion for summary judgment as to plaintiff's claim for LTD Benefits is granted insofar as it seeks dismissal pending exhaustion of administrative remedies, but denied without prejudice otherwise, and plaintiff's motion for summary judgment as to LTD Benefits is denied without prejudice. Plaintiff's motion for summary judgment as to civil penalties against both defendants is denied. MetLife's and Tri-State's motions for summary judgment as to civil penalties are granted. Plaintiff's motion for an award of attorneys' fees is grante d and defendants' motions as to attorneys' fees are denied. This matter is remanded to permit plaintiff the opportunity to formally file a claim for LTD Benefits before MetLife. The Court directs MetLife to afford plaintiff a full and fair opportunity to file an LTD claim, to submit all relevant evidence as to such a claim, and to receive any documents, upon request, that are relevant to the decision process. Signed by Judge Robert C. Chambers on 12/20/2010. (cc: attys) (gan)
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