Botts v. Sun Life Assurance Company of Canada et al
Filing
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STIPULATION OF PARTIES FOR DISMISSAL of Defendant: Berry Petroleum Company Group Term Employee Benefit Plan without prejudice; ORDER, signed by District Judge Lawrence J. O'Neill on 8/19/2013. Berry Petroluem Company Group Term Employee Benefit Plan terminated (Martin-Gill, S)
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J. Russell Stedman (117130)
rstedman@bargerwolen.com
Brendan V. Mullan (267613)
bmullan@bargerwolen.com
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108
Telephone: (415) 434-2800
Facsimile: (415) 434-2533
Attorneys for Defendant
SUN LIFE ASSURANCE COMPANY OF CANADA
Michael B. Horrow (162917)
mhorrow@donahuehorrow.com
Nichole D. Podgurski (251240)
npodgurski@donahuehorrow.com
DONAHUE & HORROW, LLP
1960 E. Grand Ave., Suite 1215
El Segundo, California 90245
Telephone: (310) 322-0300
Facsimile: (310) 322-0302
Attorneys for Plaintiff
LONNIE BOTTS
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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LONNIE BOTTS,
CASE NO. 1:13-cv-00908-LJO- BAM
Plaintiff,
SUN LIFE ASSURANCE COMPANY OF
CANADA; BERRY PETROLUEM
COMPANY GROUP TERM EMPLOYEE
BENEFIT PLAN,
Defendants.
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STIPULATION OF PARTIES FOR
DISMISSAL OF DEFENDANT BERRY
PETROLEUM COMPANY GROUP
TERM EMPLOYEE BENEFIT PLAN
WITHOUT PREJUDICE; ORDER
Complaint Filed: June 14, 2013
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
STIPULATION OF PARTIES FOR DISMISSAL OF DEFENDANT BERRY PETROLEUM COMPANY GROUP TERM
EMPLOYEE BENEFIT PLAN;ORDER
1:13-CV-00908 LJO-BAM
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RECITALS
Plaintiff Lonnie Botts (“Botts”) and Defendant Sun Life Assurance Company of Canada
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(“Sun Life”), through their respective counsel, stipulate and agree as follows:
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1.
WHEREAS the parties agree that this case is governed by the Retirement Income
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Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1001, et seq. Sun Life has confirmed that
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BERRY PETROLUEM COMPANY GROUP TERM EMPLOYEE BENEFIT PLAN is fully
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insured under Group Policy No. 10855 at issue to insure benefits for the time period at issue in this
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case.
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2.
If, and to the extent, the court awards long-term disability benefits to Plaintiff under
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the aforementioned Policy, Sun Life agrees that any and all such benefits are payable by Sun Life
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subject to the terms and conditions of the Policy. Sun Life also agrees that if any attorneys’ fees,
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interest, costs and other such relief is awarded under ERISA based upon Sun Life’s decision on
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Plaintiff’s claim, then it is the proper party for payment of those additional damages.
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agree that nothing herein shall be construed as a waiver of Sun Life’s right to appeal from any
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finding of liability by the Court.
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3.
The parties
Sun Life states that it will not raise any defenses to any of the claims currently
asserted in the Complaint based on dismissal of the Plan and/or absence of the Plan from litigation.
STIPULATION
IT IS THEREFORE AGREED AND STIPULATED by Botts and Sun Life, through their
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respective counsel of record, that the Plan be dismissed, without prejudice, with the parties to bear
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their own attorneys’ fees and costs directly related to the instant Stipulation and the dismissal of the
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Plan. Sun Life shall remain the only named defendant.
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
-2STIPULATION OF PARTIES FOR DISMISSAL OF DEFENDANT
BERRY PETROLEUM COMPANY GROUP TERM EMPLOYEE BENEFIT PLAN ; ORDER
1:13-CV-00908 LJO-BAM
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Dated: August 19, 2013
BARGER & WOLEN LLP
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By:
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/s/ J. RUSSELL STEDMAN
J. RUSSELL STEDMAN
BRENDAN V. MULLAN
Attorneys for Defendant
SUN LIFE ASSURANCE COMPANY
OF CANADA
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Dated: August 19, 2013
DONAHUE & HORROW, LLP
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By:
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/s/ MICHAEL B. HORROW
MICHAEL B. HORROW
NICHOLE D. PODGURSKI
Attorneys for Plaintiff
LONNIE BOTTS
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ORDER
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Based upon the foregoing Stipulation, and good cause appearing therefor, Defendant Berry
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Petroleum Company Group Term Employee Benefit Plan shall be and hereby is dismissed from this
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action without prejudice with the parties to bear their own attorneys’ fees and costs directly related
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to the instant Stipulation and the dismissal of the Plan. Sun Life shall remain the only named
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defendant.
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IT IS SO ORDERED.
Dated:
/s/ Lawrence J. O’Neill
August 19, 2013
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
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b2e55c0d
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
-3STIPULATION OF PARTIES FOR DISMISSAL OF DEFENDANT
BERRY PETROLEUM COMPANY GROUP TERM EMPLOYEE BENEFIT PLAN ; ORDER
1:13-CV-00908 LJO-BAM
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