April Cabana v. Reliance Standard Life Insurance Company et al

Filing 41

JUDGMENT by Judge Gary A. Feess, in favor of April Cabana against Reliance Standard Life Insurance Company Related to: Memorandum & Opinion,, 37 . Reliance Standard is ordered to pay past due benefits in the amount of $70,299.60. This amount is inclusive of any prejudgment interest to which Plaintiff may be entitled on past due benefits and this amount is due to plaintiff no later than 30 days of the date that this Judgment is entered. This court remands this action back to Reliance Stan dard and Reliance Standard is ordered to continue making benefit payments to Plaintiff as long as she remains disabled under the terms of the Armor Holdings, Inc. Group Employee Benefit Plan. As Plaintiff is the prevailing party in this litigation, s he may apply to the Court for an award of attorney fees and recovery of costs of action. Pursuant to the stipulation by the Parties, any application for an award of attorney fees and recovery of costs of action is due no later than December 19, 2014. (MD JS-6, Case Terminated). (smo)

Linda M. Lawson (Bar No. 77130)
1 [e-mail]
Cindy Mekari (Bar No. 272465)
2 [e-mail]
MESERVE, MUMPER & HUGHES LLP
3 300 South Grand Avenue, 24th Floor
Los Angeles, California 90071-3185
4 Telephone: [phone]
Facsimile: [phone]
5
Attorneys for Defendant
6 RELIANCE STANDARD LIFE INSURANCE
COMPANY
7

JS-6

8

UNITED STATES DISTRICT COURT

9

CENTRAL DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

EASTERN DIVISION
) Case No. ED CV 13-01741 GAF
APRIL CABANA,
) (DTBx)
)
Plaintiff,
) JUDGMENT
)
vs.
)
)
RELIANCE STANDARD LIFE
)
INSURANCE COMPANY; ARMOR
HOLDINGS, INC. GROUP EMPLOYEE )
BENEFIT PLAN; and DOES 1 through )
)
10, inclusive,
)
)
Defendants.
)

18
IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS

19

20 FOLLOWS:
Judgment is hereby entered in favor of Plaintiff April Cabana (“Plaintiff”) and

21

22 against Defendant Reliance Standard Life Insurance Company (“Reliance
23 Standard”), in accordance with the terms of the Court’s Memorandum and Order
24 Regarding Bench Trial. (Docket No. 37). As such, the Court overturns Reliance
25 Standard’s denial of Plaintiff’s claim for long term disability benefits.
Reliance Standard is ordered to pay past due benefits in the amount of

26

27 $70,299.60. This amount is inclusive of any prejudgment interest to which Plaintiff
LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

28 may be entitled on past due benefits and this amount is due to Plaintiff no later than
Case No. ED CV 13-01741 GAF (DTBx)
1

PROPOSED JUDGMENT

0.0

1 30 days of the date that this Judgment is entered. This court remands this action back
2 to Reliance Standard and Reliance Standard is ordered to continue making benefit
3 payments to Plaintiff as long as she remains disabled under the terms of the Armor
4 Holdings, Inc. Group Employee Benefit Plan (the “Plan”).
As Plaintiff is the prevailing party in this litigation, she may apply to the Court

5

6 for an award of attorney fees and recovery of costs of action. Pursuant to the
7 stipulation by the Parties, any application for an award of attorney fees and recovery
8 of costs of action is due no later than December 19, 2014.
IT IS SO ORDERED, ADJUDGED AND DECREED.

9

Dated: November 3, 2014

10
11
12
13

JS-6
Hon. Gary A. Feess
Judge, United States District Court

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2

LAW OFFICES

MESERVE,
MUMPER &
HUGHES LLP

0.0

Case No. ED CV 13-01741 GAF (DTBx)
PROPOSED JUDGMENT