Williams v. Metropolitan Life Insurance Company, No. 5:2007cv00074 - Document 48 (E.D.N.C. 2008)

Court Description: ORDER granting 31 Plaintiff's Motion for Summary Judgment and denying 40 Defendant's Motion for Summary Judgment. The court directs MetLife to award LTD benefits to plaintiff in accordance with the Plan for a period of April 7, 2003, t hrough April 6, 2006. Plaintiff is also awarded prejudgment interest at the applicable rate. The court remands plaintiff's request for LTD benefits under the "any gainful occupation" definition in the Plan to MetLife. Finally, plaintiff may submit a request for attorneys fees and costs pursuant to 29 U.S.C. § 1132(g), the Federal Rules of Civil Procedure, and the Local Rules. Signed by Judge James C. Dever III on 12/12/2008. (Richards, J.)