Kanika Bledsoe v. Metropolitan Life Insurance Company et al

Filing 58

JUDGMENT by Judge Andre Birotte, Jr, as follows:1) Plaintiff is awarded back benefits in the amount of $90,075.24. Thisamount represents disability benefits for the period November 18, 2012, to February18, 2015. The benefit calculation is predic ated on the benefit amount whichMetLife was paying Plaintiff at the time her benefits were terminated, which tookinto account an offset for Social Security Disability Benefits in the amount of$2,173.00 per month. 2) Plaintiff is reinstated to th e Plan and his claim is remanded to the Plan for consideration of additional benefits under applicable Plan criteria. 3) Plaintiff is permitted to make a Motion for Attorneys Fees and forinterest on the unpaid benefits. In order to give the parties s ufficient time to meet and confer with regard to the amount of interest on retroactive benefits, andattorneys' fees owed, if any are owed, the Plaintiff shall have 30 days from the date of entry of this Judgment. (MD JS-6, Case Terminated). (jp)

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JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KANIKA BLEDSOE, ) ) Plaintiff, ) ) ) vs. ) ) ) METROPOLITAN LIFE INSURANCE ) COMPANY; COLGATE-PALMOLIVE ) WELFARE BENEFIT PLAN, ) ) Defendants. ) ) Case No. 5:13-cv-02270 AB (SPx) [PROPOSED] JUDGMENT Pursuant to the Findings of Fact and Conclusions of Law entered by this Court on February 3, 2015, judgment is hereby entered against Defendants Metropolitan Life Insurance Company (“MetLife”) and Colgate-Palmolive Welfare Benefit Plan (“the Plan”) as follows: 1) Plaintiff is awarded back benefits in the amount of $90,075.24. This amount represents disability benefits for the period November 18, 2012, to February 18, 2015. The benefit calculation is predicated on the benefit amount which MetLife was paying Plaintiff at the time her benefits were terminated, which took into account an offset for Social Security Disability Benefits in the amount of $2,173.00 per month. 28 1 1 2 3 2) Plaintiff is reinstated to the Plan and his claim is remanded to the Plan for consideration of additional benefits under applicable Plan criteria. 3) Plaintiff is permitted to make a Motion for Attorneys’ Fees and for 4 interest on the unpaid benefits. In order to give the parties sufficient time to meet 5 and confer with regard to the amount of interest on retroactive benefits, and 6 attorneys’ fees owed, if any are owed, the Plaintiff shall have 30 days from the date 7 of entry of this Judgment. 8 9 10 MetLife is to make the above payments in accordance with Plaintiff’s payment instructions within thirty (30) days after entry of this Judgment. 11 12 IT IS SO ORDERED. 13 14 DATED: February 27, 2015 15 16 ____________________________________ THE HONORABLE ANDRÉ BIROTTE JR. UNITED STATES DISTRICT JUDGE Approved as to Form: 17 18 DATED: By: /s/ Glenn R. Kantor GLENN R. KANTOR ATTORNEYS FOR PLAINTIFF KANIKA BLEDSOE 19 20 21 22 DATED: By: GAIL COHEN ATTORNEYS FOR DEFENDANTS METROPOLITAN LIFE INSURANCE COMPANY; COLGATE-PALMOLIVE WELFARE BENEFIT PLAN 23 24 25 26 27 /s/ Gail Cohen________________ Filer’s Attestation: Pursuant to Local Rule 5-4.3.4(a)(2)(i) regarding signatures, Glenn R. Kantor hereby attests that concurrence in the filing of this document and its content has been obtained by all signatories listed. 28 2

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