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Kinsman v. Life Insurance Co. Of North America

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 23, 2006

G. MATTHEW KINSMAN, PLAINTIFF,
v.
LIFE INSURANCE COMPANY OF NORTH AMERICA DEFENDANT.

The opinion of the court was delivered by: (judge Kosik)

ORDER

AND NOW, this 23rd day of March, 2006, IT IS HEREBY ORDERED THAT:

[1] Plaintiff, G. Matthew Kinsman's motion (Doc. 12) to permit discovery outside of the administrative record is DENIED;

[2] the court will consider this case upon the administrative record;

[3] the decision of the defendant to deny plaintiff's claim for benefits will be reviewed under the arbitrary and capricious standard, as agreed to by the parties in their joint case management plan (Doc. 10);

[4] any variation of the standard of review, pursuant to the sliding scale approach set forth in Pinto v. Reliance Standard Life Ins. Co., 214 F.3d 377 (3d Cir. 2000), will be considered when reaching the merits of plaintiff's claim;

[5] the parties are directed to file any dispositive motions, along with the administrative record, within sixty (60) days of this order.

Edwin M. Kosik United States District Judge

20060323

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