Kathy Harmon v. Aetna Life Insurance Company et al

Filing 30

JUDGMENT REGARDING ATTORNEYS' FEES, COSTS AND INTEREST by Judge Dolly M. Gee: Upon Stipulation 29 , Plaintiff Kathy Harmon is entitled to $112,497.50 in attorneys' fees and $3,558.30 in costs. She is also entitled to prejudgment interest at a rate of 5% simple interest per annum on the past due benefits. The parties agree that, applying the 5% simple interest rate, Harmon is entitled to $13,753.70 in prejudgment interest. The parties also agree that Defendant Aetna Life Insurance Company previously paid Harmon $380.94 in interest, and therefore only owes $13,372.76 in unpaid interest. Accordingly, Harmon is owed $129,428.56 by Aetna, which must be paid within 14 days of entry of this Judgment. (gk)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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KATHY HARMON,

Case No.: CV 13-6880-DMG (VBKx)

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Plaintiff,
v.
AETNA LIFE INSURANCE
COMPANY, a Connecticut
corporation; and DOES 1 to 10,
inclusive

JUDGMENT REGARDING
ATTORNEYS’ FEES, COSTS AND
INTEREST [29]

Defendant.

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This case arose from a dispute between Plaintiff Kathy Harmon (“Harmon”)

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and Defendant Aetna Life Insurance Company (“Aetna”) regarding Harmon’s

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entitlement to long-term disability benefits under an employee welfare benefit plan

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administered by Aetna. The main dispute between the parties was resolved and no

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trial was necessary. The only issues left to be resolved by the Court were: (1) a

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determination of whether Harmon was entitled to attorneys’ fees and costs from

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Aetna pursuant to 29 U.S.C. Section 1132(g); and (2) the rate of pre-judgment

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interest applied to the past-due benefits.

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After considering the briefing submitted by the parties, all accompanying

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filings and all other matters presented to the Court, for all of the reasons presented in

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the “In Chambers – Order Re Plaintiff’s Motion for Attorneys’ Fees, Costs, and

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Prejudgment Interest” [Doc. # 28], the full text of which is incorporated in this

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Judgment, Harmon is entitled to $112,497.50 in attorneys’ fees and $3,558.30 in

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costs. She is also entitled to prejudgment interest at a rate of 5% simple interest per

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annum on the past due benefits. The parties agree that, applying the 5% simple

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interest rate, Harmon is entitled to $13,753.70 in prejudgment interest. The parties

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also agree that Aetna previously paid Harmon $380.94 in interest, and therefore only

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owes $13,372.76 in unpaid interest.

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Accordingly, Harmon is owed $129,428.56 by Aetna, which must be paid
within fourteen (14) days of entry of this Judgment.

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DATED: November 11, 2014

_______________________________
DOLLY M. GEE
UNITED STATES DISTRICT JUDGE

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