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Horn v. Life Insurance Company of North America

United States District Court, E.D. Pennsylvania

July 22, 2015

HEATHER HORN, Plaintiff,
v.
LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.

ORDER

JOSEPH F. LEESON, Jr., District Judge.

AND NOW, this 20th day of July, 2015, upon consideration of the parties' cross-motions for summary judgment, ECF Nos. 21 and 24, and for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED as follows:

1. Plaintiff Heather Horn's Motion for Summary Judgment, ECF No. 21, is GRANTED in part and DENIED in part.
a. The parties are directed to confer as to the amount of judgment due for the initial twenty-four month period of Plaintiff's eligibility for benefits. Within twenty-one days of this order, Plaintiff shall either submit a proposed Judgment Order setting forth the agreed upon amount or, in the event the parties cannot agree, shall file a motion for judgment and Defendant may file a response within fourteen days of the date that motion is filed.
b. If Plaintiff desires to submit a petition for fees and costs, she shall do so within forty-five days of this Order. Defendant shall file a response within fourteen days of the date the petition is filed.
2. Defendant Life Insurance Company of North America's Motion for Summary Judgment, ECF No. 24, is DENIED.
3. The case is REMANDED to Defendant to determine Plaintiff's eligibility for disability benefits after the initial twenty-four month period.
4. In light of the disposition of this case, the nonjury trial previously scheduled for August 10, 2015, is CANCELLED.

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