IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
October 17, 2011
JAIME LYNN HOLMES,
METROPOLITAN LIFE INSURANCE COMPANY, DEFENDANT
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 17th day of October, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 37), recommending that defendant's motion for summary judgment (Doc. 26) be denied and that plaintiff's motion for summary judgment (Doc. 29) be granted and, following an independent review of the record and noting that defendant filed objections*fn1 to the report on August 29, 2011 (Doc. 38), and the Court finding Judge Methvin's analysis to be thorough and well-reasoned, and the court finding defendant's objections*fn2 to be without merit and squarely addressed by Judge Methvin's report (Doc. 37), with the sole exception of the applicability of the Plan's 24 month limitation, and the Court finding that this issue should be remanded to Metropolitan Life Insurance Company ("MetLife" to consider, inter alia, the documentation set forth in footnotes 98 and 99 of the Magistrate's report, it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Methvin (Doc. 37) are ADOPTED in part.
2. Defendant's motion for summary judgment (Doc. 26) is DENIED.
3. Plaintiff's motion for summary judgment (Doc. 29) is GRANTED with respect to eligibility for long-term disability benefits effective April 13, 2008. The Clerk of Court is directed to enter JUDGMENT in favor of plaintiff on this claim. The issue of the Plan's 24 month limitation is hereby REMANDED to MetLife for further review.
4. The Clerk of Court is directed to CLOSE this matter.