KEVIN v. DRUMMOND CO., INC. (N.D.Ala. 11-10-2011)

VIRGINIA EMERSON HOPKINS, United States District Judge.

Pending before the court are the parties’ cross-motions for judgment on the merits: McCay’s Motion for Judgment on Liability With Submissions (Doc. 35) (the “Motion for Judgment on Liability”), and Drummond’s Motion for Summary Judgment (Doc. 25) (the “Motion for Summary Judgment”). Consistent with the court’s Memorandum Opinion entered on this date, Drummond’s Motion for Summary Judgment is hereby GRANTED based on McCay’s failure to exhaust his administrative remedies. Alternatively, summary judgment in favor of Drummond and against McCay is appropriate under the arbitrary and capricious standard of review because Drummond’s decision denying benefits was reasonable. Accordingly, under either reasoning, McCay’s Motion for Judgment on Liability is hereby DENIED.

This case is hereby DISMISSED WITH PREJUDICE, with costs taxed as paid.

DONE and ORDERED