Opinion
Case No. 13-10007
03-25-2014
Gilbert Sypher, Plaintiff, v. Aetna Insurance Company, Defendant.
Honorable Sean F. Cox
Magistrate Judge R. Steven Whalen
ORDER
ACCEPTING AND ADOPTING REPORT & RECOMMENDATION
This is an ERISA case. In November 2012, Plaintiff Gilbert Sypher filed this action seeking payment of long-term disability benefits under a group disability insurance plan provided by his employer, Federal Express.
On May 20, 2013, Plaintiff filed a Motion for Summary Judgment. (Doc. #11). On that same date, Defendant filed a Cross Motion for Summary Judgment. (Doc. #12). The Court referred the motions to Magistrate Judge R. Steven Whalen for a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B). (Doc. #13).
On March 4, 2014, Magistrate Judge Whalen issued a Report and Recommendation on both motions, recommending that this Court deny the Plaintiff's Motion for Summary Judgment and grant Defendant's Cross Motion for Summary Judgment. (Doc. #15).
Pursuant to FED. R. CIV. P. 72(b), a party objecting to the recommended disposition of a matter by a Magistrate Judge must file objections to the R&R within fourteen (14) days after being served with a copy of the R&R. FED. R. CIV. P. 72(b)(2). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Fed. R. Civ. P. 72(b)(3).
The time for filing objections to the R&R has expired and the docket reflects that neither party has filed objections to the R&R. Furthermore, the Court agrees with the Magistrate Judge's recommendation. Therefore, the Court hereby ADOPTS the March 4, 2014 R&R. IT IS ORDERED that Plaintiff's Motion for Summary Judgment (Doc. #11) is DENIED, but Defendant's Cross Motion for Summary Judgment (Doc. #12) is GRANTED.
IT IS SO ORDERED.
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Sean F. Cox
United States District Judge
I hereby certify that a copy of the foregoing document was served upon counsel of record on March 25, 2014, by electronic and/or ordinary mail.
Jennifer McCoy
Case Manager