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15-256 - Rowe v. United of Omaha Life Insurance Company (TV1)


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15-256 - Rowe v. United of Omaha Life Insurance Company (TV1)
February 1, 2017
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REPORT AND RECOMMENDATION re 16 MOTION for Judgment on the Pleadings Motion for Judgement on the ERISA Record filed by Dawn Rowe, 14 MOTION for Judgment as a Matter of Law Motion for Judgment on the Administrative Record filed by United of Omaha Life Insurance Company. Signed by Magistrate Judge C Clifford Shirley, Jr on 2/1/17. (JBR)
March 17, 2017
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MEMORANDUM AND OPINION - Signed by Chief District Judge Thomas A Varlan on 3/17/2017. (KMK, )
March 17, 2017
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ORDER: The Court OVERRULES defendant's objection to the R&R [Doc. 23]. Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 22]. Plaintiffs Motion for Judgment on the ERISA Record [Doc. 16] is hereby GRANTED in part, and the defendants' Motion for Judgment on the Administrative Record [Doc. 14] is hereby DENIED. This case is hereby REMANDED to the plan administrator for a full and fair review of plaintiff's claim. The Clerk of Court is directed to CLOSE this case. Signed by Chief District Judge Thomas A Varlan on 3/17/2017. (KMK)