Weston v. Aetna Life Insurance Company, No. 1:2014cv00100 - Document 33 (D. Mont. 2015)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS . IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations 32 are ADOPTED IN FULL. 2. Weston's Motion for Summary Judgment 22 is DENIED. 3. Aetna's Motion for Summary Judgmen t 25 is GRANTED. 4. Aetna's decision discontinuing Weston's benefits is AFFIRMED. 5. The Clerk of Court shall close this case and enter judgment in favor of Aetna. Signed by Judge Susan P. Watters on 8/12/2015. (EMH, ) Modified on 8/13/2015 to correct links (EMH, ).

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Weston v. Aetna Life Insurance Company Doc. 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION AUG 1 3 ZOJ5 Clerk, U S District Court District Of Montana Billings CHERYL WESTON, CV 14-100-BLG-SPW Plaintiff, ORDER vs. AETNA LIFE INSURANCE COMPANY, Defendant. Plaintiff Cheryl Weston brought this action against Defendant Aetna Life Insurance Company ("Aetna") under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. After reviewing cross motions for summary judgment, United States Magistrate Judge Carolyn Ostby issued Findings and Recommendations on July 20, 2015. Judge Ostby concluded that Aetna did not abuse its discretion by terminating Weston's benefits under her long-term disability plan. Pursuant to 28 U.S.C. § 636(b )(1 ), Weston had 14 days to file written objections after Judge Ostby's Findings and Recommendations were filed. No objections were filed. When neither party objects, this Court still reviews Judge Ostby's conclusions for clear error. Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." United States v. 1 Dockets.Justia.com Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: 1. Judge Ostby's Findings and Recommendations (Doc. 32) are ADOPTED IN FULL. 2. Weston's Motion for Summary Judgment (Doc. 22) is DENIED. 3. Aetna's Motion for Summary Judgment (Doc. 25) is GRANTED. 4. Aetna's decision discontinuing Weston's benefits is AFFIRMED. 5. The Clerk of Court shall close this case and enter judgment in favor of Aetna. '-/-<'~ DATED this /.,(day of August, 2015. /{ r. 1Jcv::c~ SUSANP. WATTERS "6'L.,~~ United States District Judge 2

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