Opinion
Civil Action 4:20-cv-03607
01-19-2023
CONNIE K. DREES, Plaintiff. v. PHILADELPHIA AMERICAN LIFE INSURANCE COMPANY, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
GEORGE C. HANKS, JR. UNITED STATES DISTRICT JUDGE.
On August 18, 2022, Plaintiff's Motion for Class Certification (Dkt. 88) was referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 84. On September 30, 2022, Defendant's Motion for Summary Judgment (Dkt. 67) was also referred to Judge Edison. Dkt. 95. On October 6, 2022, Defendant's Motion to Exclude the Expert Testimony of Mark Billingsley (Dkt. 92) was referred to Judge Edison. Dkt. 97. On January 3, 2023, Judge Edison filed a Memorandum and Recommendation recommending that Defendant's Motion for Summary Judgment (Dkt. 67) be GRANTED, and that Plaintiff's Motion for Class Certification (Dkt. 88) and Defendant's Motion to Exclude (Dkt. 92) be DENIED as moot. Dkt. 99.
Although not entered until August 29, 2022, this motion was “deemed timely filed on July 15, 2022” per order by Judge Edison. Dkt. 87.
No objections have been filed to the Memorandum and Recommendation. Accordingly, the Court reviews the Memorandum and Recommendation for plain error on the face of the record. 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3).
Based on the pleadings, the record, and the applicable law, the Court finds that there is no plain error apparent from the face of the record. Accordingly, it is hereby ORDERED and ADJUDGED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 99) is APPROVED and ADOPTED in its entirety as the holding of the Court;
(2) Defendant's Motion for Summary Judgment (Dkt. 67) is GRANTED;
(3) Plaintiff's Motion for Class Certification (Dkt. 88) is DENIED; and
(4) Defendant's Motion to Exclude (Dkt. 92) is DENIED.
It is so ORDERED.