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06-152 - POWELL v. AMERICAN ELECTRIC POWER SYSTEM LONG TERM DISABILITY (LTD) PLAN et al


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06-152 - POWELL v. AMERICAN ELECTRIC POWER SYSTEM LONG TERM DISABILITY (LTD) PLAN et al
March 28, 2008
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ORDER on 13 defendants' Motion for Summary Judgment: Defendants' Motion for Summary Judgment is GRANTED on Plaintiff's now abandoned claim of breach of fiduciary duty and on the grounds that Defendant Broadspire is not a proper defendant in this action. We DENY Defendants' Motion for Summary as to Defendant LTD Plan, however, and remand this case for further action consistent with this opinion. This matter shall be administratively closed on the Court's docket, with leave to reopen within 30 days following a final decision on remand. Failure to seek to reopen this cause of action within the allotted time will prompt an order of dismissal with prejudice.. Signed by Judge Sarah Evans Barker on 3/28/2008. (KTK)