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McElderry v. Reliance Standard Life Insurance Company, 2:18-cv-489-ALB. (2019)

Court: District Court, M.D. Alabama Number: infdco20190530920 Visitors: 8
Filed: May 29, 2019
Latest Update: May 29, 2019
Summary: ORDER ANDREW L. BRASHER , District Judge . On November 7, 2018, the Magistrate Judge filed a Recommendation (Doc. 21) to which timely objections have been filed. (Doc. 22). After an independent and de novo review of the record, the Recommendation, and the objections filed to the Recommendation, this Court concludes that Plaintiff's objections should be overruled and the Magistrate Judge's Recommendation is due to be adopted. Accordingly, it is ORDERED that: 1. The Recommendation of the
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ORDER

On November 7, 2018, the Magistrate Judge filed a Recommendation (Doc. 21) to which timely objections have been filed. (Doc. 22). After an independent and de novo review of the record, the Recommendation, and the objections filed to the Recommendation, this Court concludes that Plaintiff's objections should be overruled and the Magistrate Judge's Recommendation is due to be adopted.

Accordingly, it is ORDERED that:

1. The Recommendation of the Magistrate Judge (Doc. 21) be and is hereby ADOPTED; 2. Plaintiff Laura McElderry's objections (Doc. 22) are hereby OVERRULED. 3. Defendant Reliance Standard Life Insurance Company's Motion to Dismiss (Doc. 6) is GRANTED; Plaintiff's Complaint is DISMISSED with leave to filed an Amended Complaint not later than June 25, 2019, to focus her allegations on her claim for benefits and clarify the remedies that she seeks. 4. To the extent the magistrate judge stayed this matter pending a ruling on the Report and Recommendation, the stay is LIFTED.

DONE and ORDERED.

Source:  Leagle

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