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15-723 - McCoy v. Mallinckrodt Pharmaceuticals, Inc. et al (JOINT ASSIGN)(MAG2)


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15-723 - McCoy v. Mallinckrodt Pharmaceuticals, Inc. et al (JOINT ASSIGN)(MAG2)
March 23, 2016
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REPORT AND RECOMMENDATION: it is the RECOMMENDATION of the Magistrate Judge that Dfts' 50 & 51 motions to dismiss are due to be GRANTED IN PART and DENIED IN PART. Dft Cigna's 50 motion to dismiss is due to be GRANTED as to Plf's claim against Cigna for lack of personal jurisdiction. Dft LINA's 51 motion to dismiss is due to be DENIED as to Dft's argument that Plf has failed to exhaust her administrative remedies. Plf has pleaded a plausible claim that she applied for LTD benefits, that LINA denied her claim for those benefits, and that Plf appealed that denial; Objections to R&R due by 4/6/2016. Signed by Honorable Judge Paul W. Greene on 3/23/2016. (wcl, )
April 14, 2016
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OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 4/14/2016. (dmn, )
April 14, 2016
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JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) Defendant Life Insurance Company of North America's 72 Objections are overruled. (2) The United States Magistrate Judge's 69 Recommendation is adopted. (3) Defendant Life Insurance Company of North America's 51 Motion to Dismiss is denied. (4) Defendant Cigna Corporation's 50 Motion to Dismiss is granted. (5) Plaintiff Kimberly McCoys claims against defendant Cigna Corporation are dismissed with prejudice, and defendant Cigna Corporation isterminated as a party to this lawsuit. (6) No costs are taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgmentpursuant to FRCP 58. This case is not closed, and is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 4/14/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )
August 19, 2016
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JUDGMENT: Pursuant to the 78 Joint Stipulation of Dismissal, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Plaintiff's claims related to long-term disability benefits asserted against defendant Life Insurance Company of North America are dismissed without prejudice, with the parties to bear their own costs. (2) All other claims are dismissed with prejudice, with the parties to bear their own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/19/2016. (Attachments: # (1) Civil Appeals Checklist)(dmn, )