IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

AUSTIN DIVISION 

TAYAUN MESSER, § 

PLAINTIFF, § 

§ 

V. § 

§ 

THE LiNCOLN NATIONAL LIFE § 

INSURANCE COMPANY, § 

DEFENDANT. § § 

'r . i..- 'J f 

CAUSE NO. A-20-CV-00125-LY 

ORDER ON REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE 

Before the court is the above-styled and numbered action commenced by Plaintiff Tayaun 

Messer under the Employee Retirement Income Security Act of 1974, as amended. See 29 U.S.C. 

§ 1001-1461 ("ERISA"). Messer disagrees with Defendant Lincoln National Life Insurance 

Company's ("Lincoln") calculation of Messer's basic monthly earnings and seeks to recover 

additional benefits under her employer-provided long-term disability insurance policy. The court 

referred to the United States Magistrate Judge the parties' cross-motions for summary judgment, 

Lincoln's Motion for Summary Judgment filed December 11, 2020 (Doc. #14), Messer's CrossMotion for Summary Judgment filed January 15, 2021 (Doc. #17), and all related responses for 

report and recommendation. See 28 U.S.C. § 636(b)(1). Before the court is the Report and 

Recommendation of the United States Magistrate Judge filed July 16, 2021 (Doc. #25). The 

magistrate judge recommends that the court grant Lincoln's summary-judgment motion, deny 

Messer's cross-motion for summary judgment, and render judgment for Defendant. The magistrate 

judge determined that Lincoln's interpretation of the long-term disability policy at issue was 

Case 1:20-cv-00125-LY Document 27 Filed 08/30/21 Page 1 of 3
reasonable, and that Lincoln did not abuse its discretion in calculating Messer's basic monthly 

earnings. 

A party may serve and file specific written objections to the proposed findings and 

recommendations of a magistrate judge within fourteen days after being served with a copy of the 

report and recommendation and thereby secure de novo review by the district court. See 28 

U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A party's failure to timely file written objections to the 

proposed findings, conclusions, and recommendation in a report and recommendation bars that party, 

except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual 

findings and legal conclusions accepted by the district court. See Douglass v. United Services Auto 

Ass'n, 79 F.3d 1415 (5th Cir. 1996) (en banc). 

The parties received the report and recommendation on July 19, 2021, and objections if any, 

were due to be filed on or before August 2, 2021. Messer filed objections to the report and 

recommendation on August 2, 2021 (Doc. #25). In light of the objections, the court has undertaken 

a de novo review of the entire case file. 

Having considered the motions, responses, objections, the case file, and the applicable law, 

the court will overrule the objections and will accept and adopt the report and recommendation for 

substantially the reasons stated therein. 

IT IS ORDERED that Plaintiff Tayaun Messer's objections to the report and 

recommendation filed on August 2, 2021 (Doc. #26) are OVERRULED. 

IT IS ORDERED that for substantially the reasons stated therein the Report and 

Recommendation of the United States Magistrate Judge filed July 16, 2021 (Doc. #25) is 

ACCEPTED AND ADOPTED. 

Case 1:20-cv-00125-LY Document 27 Filed 08/30/21 Page 2 of 3
IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment filed 

December 11, 2020 (Doc. #14) is GRANTED. 

IT IS FURTHER ORDERED that Lincoln's basic-monthly-earnings calculation was 

reasonable and supported by substantial evidence and Lincoln did not abuse its discretion in 

calculating Messer's basic monthly earnings. 

IT IS FURTHER ORDERED that Plaintiff Tayaun Messer's Cross-Motion for Summary 

Judgment filed January 15, 2021 (Doc. #17) is DENIED. 

SIGNED thi3' day of August, 2021. 

ITED STA S DIS RICT JUDGE 

3 

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