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14-2579 - ARSDEL v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON


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14-2579 - ARSDEL v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
September 5, 2014
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MEMORANDUM OPINION. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/5/14. 9/5/14 ENTERED AND COPIES E-MAILED.(er, )
September 5, 2014
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ORDER THAT THE MOTION TO DISMISS (DOC. NO. 5) IS DENIED WITHOUT PREJUDICE TO BEING REASSERTED IN A MOTION FOR SUMMARY JUDGMENT, ETC. AT THE CONCLUSION OF THE AFOREMENTIONED DISCOVERY PERIOD, THE PARTIES MAY FILE MOTIONS FOR SUMMARY JUDGMENT ADDRESSING THE APPLICABILITY OF THE SAFE HARBOR PROVISION. THE PARTIES SHALL FILE ANY SUCH MOTIONS NO LATER THAN NOVEMBER 14, 2014; AND EACH PARTY MAY FILE A BRIEF IN OPPOSITION TO A MOTION FOR SUMMARY JUDGMENT NO LATER THAN NOVEMBER 28, 2014. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/5/14. 9/5/14 ENTERED AND COPIES E-MAILED.(er, )
March 29, 2016
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MEMORANDUM/OPINION THAT THE COURT WILL DENY THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANT THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND ENTER PARTIAL JUDGMENT IN THE DEFENDANT'S FAVOR ON COUNTS I AND II OF THE AMENDED COMPLAINT. THE CASE SHALL PROCEED SOLELY UNDER THE PLAINTIFF'S THEORY THAT LIBERTY LIFE VIOLATED ERISA BY WRONGFULLY DENYING HIM LTD BENEFITS. A SEPARATE ORDER FOLLOWS. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/29/16. 3/29/16 ENTERED AND COPIES E-MAILED. (ky, )
March 29, 2016
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OPINION/ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 17) IS GRANTED. JUDGMENT IS ENTERED IN FAVOR OF THE DEFENDANT, LIBERTY LIFE ASSUANCE COMPANY OF BOSTON, AND AGAINST THE PLAINTIFF, CRAIG VAN ARSDEL, ON COUNTS I AND II OF THE AMENDED COMPLAINT. THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 19) IS DENIED; AND THE COURT WILL HOLD A TELEPHONE CONFERENCE ON APRIL 4, 2016 AT 1:30 P.M. TO DISCUSS THE TIMING FOR FILING DISPOSITIVE MOTIONS AND OTHER SCHEDULING MATTERS. SIGNED BY HONORABLE EDWARD G. SMITH ON 3/29/16. 3/29/16 ENTERED AND COPIES E-MAILED. (ky, )
March 30, 2017
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MEMORANDUM/OPINION THAT THE COURT WILL GRANT THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, AND WILL REMAND THIS MATTER TO THE DEFENDANT FOR REEVALUATION IN A MANNER CONSISTENT WITH THIS OPINION. THE COURT WILL ALSO DENY LIBERTY LIFE'S MOTION FOR SUMMARY JUDGMENT. A SEPARATE ORDER FOLLOWS.SIGNED BY HONORABLE EDWARD G. SMITH ON 3/30/17. 3/30/17 ENTERED AND COPIES E-MAILED.(ky, )
March 30, 2017
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NED BY HONORABLE EDWARD G. SMITH ON 3/30/17. 3/30/17 ENTERED AND COPIES E-MAILED.(ky, )OPINION/ORDER THAT THE MOTION FOR SUMMARY JUDGMENT FILED BY THE PLAINTIFF (DOC. NO. 36) IS GRANTED BASED ON THE GROUNDS SET FORTH IN THE MEMORANDUM OPINION. THE MOTION FOR SUMMARY JUDGMENT FILED BY THE DEFENDANT (DOC. NO. 33) IS DENIED. THE MATTER IS REMANDED TO THE DEFENDANT FOR REEVALUATION OF THE PLAINTIFF'S CLAIM FOR LONG-TERM DISABILITY BENEFITS IN A MANNER CONSISTENT WITH THE SEPARATELY-FILED MEMORANDUM OPINION; AND THE CLERK OF COURT IS DIRECTED TO MARK THIS MATTER AS CLOSED. SIG