Donald Delancy v. Liberty Life Assurance Company of Boston et al

Filing 71

JUDGMENT by Judge Cormac J. Carney, in favor of Automobile Club of Southern California, Club Group Long Term Disability Plan, Liberty Life Assurance Company of Boston against Donald Delancy (dro)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DONALD DELANCEY,

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Plaintiff,

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v.

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LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON;
AUTOMOBILE CLUB OF
SOUTHERN CALIFORNIA; CLUB
GROUP LONG-TERM DISABILITY
PLAN; AND DOES 1-10, inclusive,

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Case No. 8:15CV-02022 CJC KES
JUDGMENT IN FAVOR OF
DEFENDANTS LIBERTY LIFE
ASSURANCE COMPANY OF
BOSTON, AUTOMOBILE CLUB
OF SOUTHERN CALIFORNIA
AND CLUB GROUP LONG-TERM
DISABILITY PLAN

Defendants.

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This matter having come before the Court for a bench trial on January 10,

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2017, and the Court having filed its Memorandum of Decision on January 13, 2017,

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the Court finds that Plaintiff Donald DeLancey’s claims for relief against

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Defendants in this action, arising under the Employee Retirement Income Security

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Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., fail, and therefore Defendants

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are entitled to judgment in their favor and against Plaintiff.

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IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that Plaintiff

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take nothing, that the action shall be and hereby is DISMISSED with prejudice, and

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that JUDGMENT be ENTERED in favor of Defendants Liberty Life Assurance
4815-3563-5520.1

JUDGMENT
CASE NO. 8:15-CV-02022 CJC KES

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Company of Boston, Automobile Club of Southern California and Club Group

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Long-Term Disability Plan.

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IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendants

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Liberty Life Assurance Company of Boston, Automobile Club of Southern

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California and Club Group Long-Term Disability Plan shall recover their costs as

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the prevailing parties in this action, and Defendants are permitted to make an

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Application for an Award of Attorneys’ Fees under Local Rule 54-10.

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IT IS SO ORDERED.

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Dated: January 31, 2017___

Honorable Cormac C. Carney
U.S. District Judge

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4815-3563-5520.1

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JUDGMENT
CASE NO. 8:15-CV-02022 CJC KES