From Casetext: Smarter Legal Research

Kirkham v. Prudential Insurance Co. of America

United States District Court, S.D. Ohio, Western Division
May 18, 2011
CIVIL ACTION NO. 1:09cv733 (WOB) (S.D. Ohio May. 18, 2011)

Opinion

CIVIL ACTION NO. 1:09cv733 (WOB).

May 18, 2011


ORDER


This matter is before the court on the Report and Recommendation of the United States Magistrate Judge (Doc. 51), and having considered de novo those objections filed thereto by plaintiff (Doc. #54), and the court being sufficiently advised,

IT IS ORDERED that the objections filed herein be, and they hereby are, overruled; that the Report and Recommendation of the Magistrate Judge be, and it hereby is, adopted as the findings of fact and conclusions of law of the court; that the defendants' motion for judgment on the record (Doc. #30) be, and it hereby is, granted; that plaintiff's motion for judgment on the record (Doc. #47) be, and it hereby is, denied; and that this matter be dismissed, with prejudice, and stricken from the active docket of this court. A separate Judgment shall enter concurrently herewith.


Summaries of

Kirkham v. Prudential Insurance Co. of America

United States District Court, S.D. Ohio, Western Division
May 18, 2011
CIVIL ACTION NO. 1:09cv733 (WOB) (S.D. Ohio May. 18, 2011)
Case details for

Kirkham v. Prudential Insurance Co. of America

Case Details

Full title:MICHAEL W. KIRKHAM PLAINTIFF v. PRUDENTIAL INSURANCE CO. OF AMERICA, and…

Court:United States District Court, S.D. Ohio, Western Division

Date published: May 18, 2011

Citations

CIVIL ACTION NO. 1:09cv733 (WOB) (S.D. Ohio May. 18, 2011)

Citing Cases

Schowalter v. Prudential Ins. Co. of Am.

Prudential correctly argues that it has no burden to show "improvement" in plaintiff's condition. See, e.g.,…

Carty v. Metro. Life Ins. Co.

United States District Judge See, e.g., Nichols v. Unum Life Ins. Co. of Am., 192 F. App'x 498, 502 (6th Cir.…