Summary
holding the plaintiff had the burden of proving she was disabled under the plan's terms when the plan terminated her benefits after a reevaluation of her claim
Summary of this case from Murphy v. Conn. Gen. Life Ins. Co.Opinion
07-CV-126-ST.
August 27, 2008
ORDER
Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#61) on July 22, 2008, in which she recommended this Court deny Defendant Prudential Insurance Company of America's Motion for Summary Judgment (#28); grant Plaintiff Tamara Clifford's Motion for Summary Judgment (#40); and enter a judgment awarding benefits to Plaintiff under Enron Corporation Long Term Disability Plan. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983) (rev'd on other grounds). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#61). Accordingly, the Court DENIES Defendant's Motion for Summary Judgment (#28) and GRANTS Plaintiff's Motion for Summary Judgment (#40).
The Court directs Plaintiff to confer with Defendants and to submit a form of Judgment by September 8, 2008.
IT IS SO ORDERED.