RUSSO v. VALMET INC et al, No. 2:2019cv00324 - Document 58 (D. Me. 2021)

Court Description: ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE adopting 53 Report and Recommended Decision re 42 Motion for Judgment on the Record for Judicial Review (ERISA), 44 Motion for Summary Judgment, 45 Motion for Judgment on the Record for Judicial Review (ERISA) By JUDGE D. BROCK HORNBY. (clp)

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RUSSO v. VALMET INC et al Doc. 58 UNITED STATES DISTRICT COURT DISTRICT OF MAINE MICHAEL RUSSO, PLAINTIFF V. VALMET INC. AND VALMET, INC. DEFINED BENEFIT PLAN, DEFENDANTS ) ) ) ) ) ) ) ) ) ) CIVIL NO. 19-CV-324-DBH ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE On August 26, 2021, the United States Magistrate Judge filed with the court, with copies to counsel, his Recommended Decision on Motion for Judgment on the Record and Motion for Summary Judgment. The plaintiff filed an objection to the Recommended Decision on September 8, 2021. I have reviewed and considered the Recommended Decision, together with the entire record; I have made a de novo determination of all matters adjudicated by the Recommended Decision; and I concur with the recommendations of the United States Magistrate Judge for the reasons set forth in the Recommended Decision, and determine that no further proceeding is necessary. It is therefore ORDERED that the Recommended Decision of the Magistrate Judge is hereby ADOPTED. The defendants’ motion for judgment on the record on Count I of the Complaint is GRANTED and the plaintiff’s amended motion for judgment on the record on Count I of the Complaint is DENIED. The defendants’ Dockets.Justia.com motion for summary judgment on Count II of the Complaint is GRANTED. The defendants’ motion for attorney fees and costs is DENIED. SO ORDERED. DATED THIS 27TH DAY OF SEPTEMBER, 2021 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE 2

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