TIMOTHY SAVAGE, District Judge
AND NOW, this 18th day of November, 2010, upon consideration of the cross-motions for summary judgment (Document Nos. 12 and 14) and after a thorough examination of the administrative record, it is ORDERED as follows:
1. The defendant's motion for summary judgment is DENIED;
2. The plaintiff's motion for summary judgment is GRANTED;
3. No later than December 3, 2010, the parties shall submit a proposed order awarding the plaintiff relief consistent with the memorandum opinion accompanying this Order. If the parties cannot agree on a proposed order, they shall file separate proposed orders accompanied by explanations not to exceed three pages.
4. Judgment will be entered in favor of plaintiff Duane Morgan and against defendant The Prudential Insurance Company of America after the parties have complied with the preceding paragraph.