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05-957 - Smith v. Novelis et al


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05-957 - Smith v. Novelis et al
September 29, 2009
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DECISION&ORDER: It is Ordered that Defendants' # 42 Motion for Summary Judgment is DENIED, and Plaintiff's # 50 Motion for Summary Judgment is GRANTED. It is Ordered that Plaintiff's LTD benefits be retroactively reinstated from 12/20/2004 and continued. Plaintiff is directed to submit a proposed order with regard to the total amount due for retroactive LTD benefits from 12/30/2004 to the present, including the method used for calculating the same. Plaintiff shall demonstrate to the Court, within 10 days of this Decision&Order, good cause for its failure to serve Liberty Life Assurance Company of Boston and Liberty Mutual. In the event that Plaintiff fails to proffer a satisfactory explanation to the Court within ten (10) days, the Court shall sua sponte DISMISS these two entities from the instant action. Signed by Judge Glenn T. Suddaby on 9/29/09. (jmb)
January 19, 2010
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JUDGMENT DISMISSING ACTION BY REASON OF SETTLEMENT: this action is hereby dismissed in its entirety without prejudice pursuant to NDNY Local Rule 68.2(a), for 30 days and thereafter the dismissal shall be with prejudice. The Clerk has terminated the # 62 Motion for Entry of Judgment for Attorneys' Fees as moot, pursuant to the settlement. Signed by Judge Glenn T. Suddaby on 1/19/2010. (jmb)
February 22, 2010
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ORDER: approving the # 73 Stipulation of Dismissal, this action is hereby dismissed with prejudice. Signed by US Magistrate Judge Andrew T. Baxter on 2/22/2010. (jmb)