UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 11-3833
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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
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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
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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
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