Southern Electrical Retirement Fund v. Gruel

District Court, M.D. Tennessee

Southern Electrical Retirement Fund v. Gruel

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

SOUTHERN ELECTRICAL ) RETIREMENT FUND, ) ) Plaintiff, ) NO. 3:18-cv-0585 ) JUDGE RICHARDSON v. ) ) CHRISTINA GRUEL and CAMRYN ) ELIZABETH LAWHORNE, )

Defendants. ORDER

Pending before the Court a Report and Recommendation of the Magistrate Judge (Docket No. 33), to which no Objections have been filed. The failure to object to a report and recommendation releases the Court from its duty to independently review the matter. Frias v. Frias, No. 2:18-cv-00076,

2019 WL 549506

, at * 2 (M.D. Tenn. Feb. 12, 2019); Hart v. Bee Property Mgmt., Case No. 18-cv-11851,

2019 WL 1242372

, at * 1 (E.D. Mich. March 18, 2019) (citing Thomas v. Arn,

474 U.S. 140, 149

(1985). The district court is not required to review, under a de novo or any other standard, those aspects of the report and recommendation to which no objection is made. Ashraf v. Adventist Health System/Sunbelt, Inc.,

322 F. Supp. 3d 879, 881

(W.D. Tenn. 2018); Benson v. Walden Security, Case No. 3:18-cv-0010,

2018 WL 6322332

, at * 3 (M.D. Tenn. Dec. 4, 2018). The district court should adopt the magistrate judge’s findings and rulings to which no specific objection is filed.

Id.

The Court has reviewed the Report and Recommendation and the file. The well-reasoned Report and Recommendation is adopted and approved. Accordingly, Defendant Gruel’s Motion for Judgment on the Pleadings (Doc. No. 15) is DENIED. Plaintiff’s Motion for Judgment on the Record (Doc. No. 18) is GRANTED. Defendant Lawhorne’s Motion for Judgment on the Administrative Record (Doc. No. 24) is GRANTED. The Court finds and declares that the pre-retirement death benefits of decedent Donald Lawhorne, Jr. are payable to Camryn Elizabeth Lawhorne, and Plaintiff is directed to make payment to Ms. Lawhorne accordingly. IT IS SO ORDERED.

ELI RICHARDSON UNITED STATES DISTRICT JUDGE

Reference

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