Utter
Utter v. Unum Life Insurance Co. of America
Opinion
Opinion
Cooper, J.
ORDER RE STANDARD OF REVIEW
This matter is before the Court on Plaintiffs Motion to Determine Standard of Review and Augment the Record in an ERISA Matter (docket # 19). The Court has reviewed the moving, opposition, reply, and “sur-reply” documents submitted in connection with this Motion. The Court deems this matter appropriate for decision without oral argument. See Fed.R.Civ.P. 78; Local Rule 7-15. Accordingly, the hearing set for December 5, 2005, is removed from the Court’s calendar. For the reasons set forth below, the Court grants Plaintiffs Motion to Determine Standard of Review, and denies without prejudice the Motion to Augment the Record.
I. Background
A. Nature of the Case
This action arises out of Plaintiffs claim for long-term disability (“LTD”) benefits under a plan governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001 — 1461. Plaintiffs claim was initially granted, but benefits were later terminated. Plaintiffs appeal of the termination of benefits was denied by Defendant. Thereafter, Plaintiff filed the present action asserting, inter alia, an ERISA claim for benefits.