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Teachers Insurance and Annuity Association of America v. Bernardo

January 26, 2010

TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA, ET AL.
v.
THOMAS BERNARDO, ET AL.



The opinion of the court was delivered by: Stewart Dalzell

ORDER

AND NOW, this 26th day of January, 2010, upon consideration of defendant Pamela Turner's motion for partial summary judgment (docket entry # 24), defendant Thomas Bernardo's motion for partial summary judgment (docket entry # 25), plaintiff TIAA-CREF's motion for partial summary judgment (docket entry # 26), and defendant Thomas Bernardo's motion to strike (docket entry # 27), and in accordance with the accompanying Memorandum, it is hereby ORDERED that:

1. Bernardo's motion for partial summary judgment is GRANTED IN PART and DENIED IN PART as follows;

2. Bernardo's motion is GRANTED with regard to the declaratory issue, but DENIED WITHOUT PREJUDICE with regard to attorneys' fees and costs;

3. TIAA-CREF shall PAY Thomas Bernardo all resulting death benefits plus pre-judgment interest;

4. TIAA-CREF's motion for partial summary judgment is DENIED;

5. Pamela Turner's motion for partial summary judgment is DENIED;

6. Thomas Bernardo's motion to strike is DENIED AS MOOT;

7. After meeting and conferring, the parties shall by March 1, 2010 NOTIFY the Court by fax (215-580-2156) as to what issues remain for any further discovery and how those issues should be most expeditiously and efficiently resolved; and

8. Further scheduling shall ABIDE the parties' report to the Court.

20100126

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