Opinion
Case No. 13-cv-10268
2013-09-30
TAMARA CIARAMITARO, Plaintiff, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant.
HON. GEORGE CARAM STEEH
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION
FOR EMERGENCY ORDER TO SHOW CAUSE (DOC. # 14)
This ERISA case was assigned to this court as a companion to the case of Ciaramitaro v. Unum Life Ins. Co. of America, Case No. 09-13492. Currently before the court is an "emergency" motion filed by plaintiff on August 21, 2013. In that motion, plaintiff alleges that defendant did not comply with this court's scheduling order, by failing to produce the administrative record on or before August 16, 2013. The court will not hold oral argument on the matter and orders it submitted on the briefs in accordance with E.D. Mich. LR 7.1(e)(2).
The court notes that in response to the motion, defendant represents that plaintiff has now been supplied with "Life Waiver of Premium" benefits. Furthermore, although plaintiff has apparently secured the very coverage this litigation concerns, it appears that defendant has nevertheless complied with the request for the administrative record. As defendant states in response to the motion, it appears that these two items have obviated the need for further litigation of the case, with the exception of the attorney fee issue. With respect to plaintiff's concerns about documentation demonstrating that plaintiff is now covered under defendant's life insurance plan, the court expects such documentation has been or will be promptly provided. Plaintiff may refile this or a similar motion if defendant's representations prove inaccurate or have not fulfilled plaintiff's requests in this matter.
Accordingly, plaintiff's motion is hereby DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
________________________
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
September 30, 2013, by electronic and/or ordinary mail.