Opinion
CIVIL ACTION NO. 4:20-CV-00173
02-08-2021
DEBORAH THOMAS, Plaintiff. v. TRUSTMARK CORPORATION, ET AL., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S MEMORANDUM AND RECOMMENDATION
On January 8, 2021, competing motions for summary judgment (Dkts. 32, 38) were referred to United States Magistrate Judge Andrew M. Edison under 28 U.S.C. § 636(b)(1)(B). Dkt. 59. On January 19, 2021, Judge Edison filed a Memorandum and Recommendation (Dkt. 63) recommending that Plaintiff's Motion for Summary Judgment on the Issue of Discretionary Authority (Dkt. 32) be GRANTED, and that Defendant Nationwide Life Insurance Company's Motion for Summary Judgment on Standard of Review (Dkt. 38) be DENIED.
On February 1, 2021, Defendant Nationwide Life Insurance Company filed its Objections. In accordance with 28 U.S.C. § 636(b)(1)(C), this Court is required to "make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made." After conducting this de novo review, the Court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.; see also FED. R. CIV. P. 72(b)(3).
The Court has carefully considered the Objections; the Memorandum and Recommendation; the pleadings; and the record. The Court ACCEPTS Judge Edison's Memorandum and Recommendation and ADOPTS it as the opinion of the Court. It is therefore ORDERED that:
(1) Judge Edison's Memorandum and Recommendation (Dkt. 63) is APPROVED AND ADOPTED in its entirety as the holding of the Court;
(2) Plaintiff's Motion for Summary Judgment on the Issue of Discretionary Authority (Dkt. 32) is GRANTED; and
(3) Defendant Nationwide Insurance Company's Motion for Summary Judgment on Standard of Review (Dkt. 38) is DENIED.
It is so ORDERED.
SIGNED and ENTERED this 8th day of February 2021.
/s/_________
GEORGE C. HANKS, JR.
UNITED STATES DISTRICT JUDGE