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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

DANIEL DONATELLI, )

)
Plaintiff, )
)
v. ) Civil No. 04-1-P-S ) UNUMPROVIDENT CORPORATION, )
)
Defendant. )

RECOMMENDED DECISION ON UNUMPROVIDENT CORPORATION'S
MOTION FOR SUMMARY JUDGMENT AND
ORDER ON PLAINTIFF'S MOTION TO STRIKE
AND MOTION TO FILE A SUR -REPLY STATEMENT OF FACT

Daniel Donatelli, a former employee of UnumProvident, alleges that UnumProvident violated his rights under the Maine Whistleblower Protection Act and defamed him in connection with his complaints of illegal claims handling practices within UnumProvident. UnumProvident now moves for summary judgment against both counts. (Docket No. 68.) I recommend that the court DENY the motion. Also addressed herein is Donatelli's motion to strike statements from the summary judgment record (Docket No. 87) and his motion for oral argument or for leave to file a sur -reply statement of fact (Docket No. 111).
Facts
UnumProvident is an insurance company that issues and ad ministers short-term and long-term disability policies, among other insurance products.  UnumProvident processes claims and is responsible for paying out benefits on qualified claims. (Docket No. 69,

Download MJK_12222004_2-04cv1_Donatelli_v_Unum.pdf

Maine Law