Arlene Miller v. Mellon Long Term Disability Pl

U.S. Court of Appeals for the Third Circuit

Arlene Miller v. Mellon Long Term Disability Pl

Opinion

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ___________

No. 11-3833 _____________

ARLENE MILLER,

Appellant

v.

MELLON LONG TERM DISABILITY PLAN and "JOHN DOE", Global Head of Compensation and Benefits of the Bank of New York Mellon Corporation, in his or her official capacity as Plan Administrator of Mellon Long Term Disability Plan, "JOHN DOE" being fictitious, the real name of said defendant being unknown to plaintiff, said fictitious name being intended to describe the unknown Global Head of Compensation and Benefits of the Bank of New York Mellon Corporation _______________

On Appeal from the United States District Court for the Western District of Pennsylvania (No. 09-cv-01166) Magistrate Judge: Honorable Maureen P. Kelly

Submitted Pursuant to Third Circuit L.A.R. 34.1(a) September 14, 2012

__________________

JUDGMENT ORDER __________________

Before: SMITH and CHAGARES, Circuit Judges, and ROSENTHAL, District Judge.

 The Honorable Lee H. Rosenthal, United States District Judge for the Southern District of Texas, sitting by designation. On September 15, 2011, the District Court granted summary judgment in favor of

the defendants on all of Arlene Miller’s claims related to her attempt to seek long-term

disability benefits under her former employer’s disability insurance plan. We have

carefully considered the Magistrate Judge’s excellent opinion, which we believe fully and

accurately addresses the issues raised by Miller and therefore requires no further

elucidation from this Court.

Accordingly, it is hereby ORDERED and ADJUDGED by the Court that the

judgment of the District Court dated September 15, 2011, is hereby affirmed. All of the

above in accordance with the opinion of this Court. No costs shall be taxed.

BY THE COURT,

/s/Michael A. Chagares Circuit Judge

DATED: September 17, 2012

2

Reference

Status
Unpublished