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Tabb-Pope v. San, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION
Oct 21, 2013
Civil Action Number 7:12-2139-AKK (N.D. Ala. Oct. 21, 2013)

Summary

adopting Report and Recommendation

Summary of this case from Woodruff v. Blue Cross & Blue Shield of Ala.

Opinion

Civil Action Number 7:12-2139-AKK

2013-10-21

RUBYE TABB-POPE, Plaintiff, v. SAN, INC., doing business as Turning Point, nd MUTUAL OF AMERICA LIFE INSURANCE CO., Defendants.


MEMORANDUM OPINION

The case comes before the court on the motions to dismiss filed by defendants Mutual of America Life Insurance Company and Turning Point. (Docs. 12, 13.) On August 23, 2013, the magistrate recommended that the motions be granted. (Doc. 19.) The plaintiff has filed an objection to that recommendation. (Doc. 20.)

Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, and the objection thereto, the court is of the opinion that the magistrate judge's report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. Accordingly, defendants' motions to dismiss are due to be GRANTED. An appropriate order will be entered.

_______________

ABDUL K. KALLON

UNITED STATES DISTRICT JUDGE


Summaries of

Tabb-Pope v. San, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION
Oct 21, 2013
Civil Action Number 7:12-2139-AKK (N.D. Ala. Oct. 21, 2013)

adopting Report and Recommendation

Summary of this case from Woodruff v. Blue Cross & Blue Shield of Ala.

observing that "[t]he fact these allegations are pled as a separate 'breach of fiduciary duty' claim does not change the fact that they are a 'benefits' claim, properly pled under § 502(B)"

Summary of this case from Braden v. Util. Trailer Mfg. Co.
Case details for

Tabb-Pope v. San, Inc.

Case Details

Full title:RUBYE TABB-POPE, Plaintiff, v. SAN, INC., doing business as Turning Point…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION

Date published: Oct 21, 2013

Citations

Civil Action Number 7:12-2139-AKK (N.D. Ala. Oct. 21, 2013)

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