MARTRAY v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, No. 2:2016cv01363 - Document 16 (W.D. Pa. 2016)
Court Description: MEMORANDUM OPINION & ORDER. Signed by Chief Judge Joy Flowers Conti on 12/22/16. Because defendants objections raise issues not addressed in the Report andRecommendation, the Report and Recommendation will NOT be adopted and this case is hereby REMANDED to the magistrate judge to address these issues in a Report and Recommendation. (jp)
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MARTRAY v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA DIANNE MARTRAY, Plaintiff, v. TRANSAMERICA PREMIER LIFE INSURANCE COMPANY, formerly known as MONUMENTAL LIFE INSURANCE COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-1363 Chief Judge Joy Flowers Conti Magistrate Judge Lisa Pupo Lenihan ECF No. 3 MEMORANDUM OPINION The complaint in the above-captioned case was received by the Clerk of Court on September 2, 2016, and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D. The magistrate judge's Report and Recommendation (ECF No. 13), filed on October 7, 2016, recommended that the motion to dismiss (ECF No. 3) filed by defendant Transamerica Premier Life Insurance Company (“defendant”) be denied. Service was made on all counsel of record. The parties were informed that, in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, they had fourteen days to file any objections. Defendant filed timely objections to the Report and Recommendation (ECF No. 14), to which plaintiff Dianne Martray (“plaintiff”) filed a timely response. (ECF No. 15). 1 Dockets.Justia.com Because defendant’s objections raise issues not addressed in the Report and Recommendation, the Report and Recommendation will not be adopted and this case is hereby remanded to the magistrate judge to address these issues in a Report and Recommendation. IT IS SO ORDERED. Dated: December 22, 2016 cc: /s/ Joy Flowers Conti Joy Flowers Conti Chief United States District Judge All Counsel of Record Via CM/ECF Electronic Mail 2
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