ROWE v. BENICORP INSURANCE COMPANY

STEPHEN LIMBAUGH, Senior District Judge

In its Memoranda issued concurrently with this Order, the Court found that this case is to be decided under the abuse of discretion standard. When reviewing the plan administrator's decision under the abuse of discretion standard, a court can only consider the evidence that was before the plan administrator when the claim was denied. Shelton v. ContiGroup Cos., Inc., 285 F.3d 640, 642 (8th Cir. 2002); Farley v. Arkansas Blue Cross Blue Shield, 147 F.3d 774, 777 (8th Cir. 1998). Therefore, all depositions and affidavits submitted to this Court are hereby stricken from the record.

Accordingly,

IT IS HEREBY ORDERED that Defendant's Motion to Strike (#87) is GRANTED. All affidavits and depositions submitted will be stricken from the record.