Summary
In Greenwald, the plaintiff had been diagnosed with Dysthmia (a form of depression) during the relevant preexisting condition period.
Summary of this case from Swiger v. Continental Casualty CompanyOpinion
Civil Case No. 04-40071.
March 31, 2006
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
This is a denial of benefits action under the Employment Retirement Income Security Act. Before the Court is Defendant's Motion to Affirm Administrator's Decision, Plaintiff's Motion to Reverse Defendant's Arbitrary and Capricious Denial of Long-Term Disability Benefits, and the Report and Recommendation of United States Magistrate Judge Steven D. Pepe. The Magistrate Judge recommends that the Court grant Defendant's motion and deny Plaintiff's motion.
Having conducted a de novo review of the Report and Recommendation, the parties' motions and responses, and the applicable portions of the record, IT IS HEREBY ORDERED that the Report and Recommendation [docket entry 26] is ACCEPTED and ADOPTED as the opinion of this Court, Plaintiff's motion [docket entry 19] is DENIED, Defendant's motion [docket entry 17] is GRANTED, and this action is DISMISSED WITH PREJUDICE.
SO ORDERED.