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Cheryl A. Loomis v. Life Insurance Company of North America

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


June 21, 2011

CHERYL A. LOOMIS
v.
LIFE INSURANCE COMPANY OF NORTH AMERICA, ET AL.

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

AND NOW, this 21st day of June, 2011, upon consideration of Plaintiff's Motion for Summary Judgment (Doc. No. 25), Defendants' Motion for Summary Judgment (Doc. No. 27), and the responses and replies thereto, it is hereby ORDERED that:

-- Plaintiff's Motion for Summary Judgment (Doc. No. 25) is GRANTED in part and DENIED in part. Within twenty-one (21) days of the date of this Order, Plaintiff shall file a motion setting forth the amount of past benefits due and a proposed Judgment Order, consistent with the Court's Memorandum Opinion. Defendants may file a response within fourteen (14) days of the date Plaintiff's motion is filed.

-- Defendants' Motion for Summary Judgment (Doc. No. 27) is GRANTED in part and DENIED in part, such that Plaintiff's claims against Defendant Lockheed Martin Corporation are DISMISSED. Defendants' motion is DENIED in all other respects.

-- Within forty-five (45) days of the date of this Order, Plaintiff shall file a petition for attorney's fees and costs, stating her argument as to why she should be entitled to these remedies under 29 U.S.C. § 1132, and applicable precedent. See Ursic v. Bethlehem Mines, 719 F.2d 670, 673 (3d Cir. 1983). Defendant shall file a response within twenty-one (21) days of the date Plaintiff's petition is filed.

BY THE COURT:

Mitchell S. Goldberg

20110621

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