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16-076 - Stevens v. Sun Life and Health Insurance Company (U.S.)(MAG2)


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16-076 - Stevens v. Sun Life and Health Insurance Company (U.S.)(MAG2)
July 26, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that the 8 Motion for Summary Judgment filed by Sun Life and Health Insurance Company (U.S.) be DENIED. Objections to R&R due by 8/10/2016. Signed by Honorable Judge Terry F. Moorer on 7/26/2016. (dmn, )
March 7, 2017
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MEMORANDUM OPINION AND ORDER: It is ORDERED: 1. Defendant's 32 Objection to the Recommendation of the Magistrate Judge are OVERRULED. 2. Plaintiff's 33 Objections to the Recommendation of the Magistrate Judge are SUSTAINED to the extent consistent with this Memorandum Opinion. 3. The 31 Recommendation of the Magistrate Judge is ADOPTED as to its conclusion that Defendants motion for summary judgment should be denied, but is REJECTED as to its assessment that Plaintiff did not exhaust her administrative remedies on her long term disability claims. 4. Defendants 8 motion for summary judgment is DENIED. 5. Defendants 8 motion to dismiss is DENIED as moot. 6. This case is REFERRED back to the Magistrate Judge for further proceedings consistent with this opinion. Signed by Chief Judge William Keith Watkins on 3/7/2017. (Attachments: # (1) Civil Appeals Checklist)(dmn, )