Opinion
CIVIL ACTION NO. 13-3234
03-11-2015
PHYLLIS ORTEGO v. UNUM LIFE INSURANCE CO OF AMERICA
MAGISTRATE JUDGE HANNA MEMORANDUM RULING
Currently pending before the Court is a motion for summary judgment [Doc. 16], filed by defendant Unum Life Insurance Company of America ("Unurn"). By way of its motion, defendant seeks summary judgment in its favor, "dismissing plaintiff's claims for long-term disability benefits on the grounds that Unum did not abuse its discretion in determining that plaintiff had received the maximum benefits to which she was entitled under the policy." [Id. at 1 ] In the alternative, defendant argues it is entitled to judgment in its favor: "because (1) the policy language clearly set forth the maximum period for which plaintiff was entitled to receive benefits for self-reported conditions; and (2) there is no evidence in the record to support that plaintiff has symptoms resulting from a documented clinical diagnosis of either fibromyalgia or Lyme disease. . . ." [Id.] The motion is unopposed.
The deadline for submission of a memorandum in opposition to the motion for summary judgment has passed, and no opposition has been received by the Court. [Doc. 17] Accordingly, the motion is deemed unopposed. [Id.]
The motion for summary judgment [Doc. 16], appearing to be well-founded in law and fact and being unopposed by plaintiff, is hereby GRANTED, and plaintiff's claim against Unum for long-term disability benefits is hereby DISMISSED.
THUS DONE AND SIGNED in Chambers, Lafayette, Louisiana, this 11th day of March, 2015.
/s/_________
REBECCA F. DOHERTY
UNITED STATES DISTRICT JUDGE