S. JAMES OTERO, District Judge.
The Motion for Judgment by Defendant Liberty Life Assurance Company of Boston ("Liberty") filed on October 3, 2016, pursuant to Rule 52(c) of the Federal Rules of Civil Procedure, has been duly considered and granted by the Honorable S. James Otero, Presiding Judge, on December 20, 2016. After full consideration of the administrative record, the moving, opposition and reply papers submitted by both parties, and arguments of counsel, and a decision having been duly rendered, the Court finds that Plaintiff Arlene Barakonski's claims for relief against Liberty in this action fail as a matter of law, and therefore, Liberty is entitled to judgment in its favor and against Plaintiff.
IT IS THERFORE ORDERED, ADJUDGED, and DECREED that Plaintiff take nothing, that the action shall be DISMISSED with prejudice, and that JUDGMENT be ENTERED in favor of Defendant Liberty Life Assurance Company of Boston.
IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendant Liberty Life Assurance Company of Boston shall recover its costs, and Defendant is permitted to make an Application for an Award of Attorneys' Fees under Local Rule 54-10.