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14-665 - Kidder v. Aetna Life Insurance Company et al

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14-665 - Kidder v. Aetna Life Insurance Company et al
March 28, 2016
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Plaintiff Charles Kidders first and second Motions for Summary Judgment (docket nos. 46 and 55) are DENIED. Additionally, the Court construes Defendants Responses thereto (docket nos. 52 and 56) as motions for summary judgment. Those motions are GRANTED. The Court finds Defendants are entitled to judgment as a matter of law as to Kidders claim for benefits for his back surgery under 29 U.S.C. § 1132(a)(1)(B) and Kidders claim for penalty damages under 29 U.S.C. § 1132(c). Those claims are dismissed on the merits. The only remaining claims in this case are Kidders state law claims related to the denial of his short-term disability benefits. The parties are hereby ordered to submit a proposed scheduling order for those remaining claims by April 11, 2016. Signed by Judge Xavier Rodriguez. (mr)