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Brookbank v. Anthem Life Insurance Company, 1:15cv165. (2016)

Court: District Court, S.D. Ohio Number: infdco20160517c24 Visitors: 5
Filed: May 16, 2016
Latest Update: May 16, 2016
Summary: ORDER SUSAN J. DLOTT , District Judge . The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on April 20, 2016 (Doc. 29), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired May 9, 2016, hereby ADOPTS said Report and Recommendation. Accordingly, defendant's motion for judgment on the admin
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ORDER

The Court has reviewed the Report and Recommendation of United States Magistrate Judge Karen L. Litkovitz filed on April 20, 2016 (Doc. 29), to whom this case was referred pursuant to 28 U.S.C. §636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) expired May 9, 2016, hereby ADOPTS said Report and Recommendation.

Accordingly, defendant's motion for judgment on the administrative record (Doc. 22) is GRANTED. Plaintiff's motion for judgment on the administrative record (Doc. 23) is DENIED. Plaintiff's state law claims are DISMISSED on preemption grounds and judgment is entered in favor of defendant and against plaintiff on the claim to recover benefits under ERISA.

IT IS SO ORDERED.

Source:  Leagle

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