Botts v. Sun Life Assurance Company of Canada et al

Filing 14

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)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 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 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 19 20 21 22 23 24 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. ) ) ) ) ) ) ) ) ) ) ) ) ) STIPULATION OF PARTIES FOR DISMISSAL OF DEFENDANT BERRY PETROLEUM COMPANY GROUP TERM EMPLOYEE BENEFIT PLAN WITHOUT PREJUDICE; ORDER Complaint Filed: June 14, 2013 25 26 27 28 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 1 RECITALS Plaintiff Lonnie Botts (“Botts”) and Defendant Sun Life Assurance Company of Canada 2 3 (“Sun Life”), through their respective counsel, stipulate and agree as follows: 4 1. WHEREAS the parties agree that this case is governed by the Retirement Income 5 Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1001, et seq. Sun Life has confirmed that 6 BERRY PETROLUEM COMPANY GROUP TERM EMPLOYEE BENEFIT PLAN is fully 7 insured under Group Policy No. 10855 at issue to insure benefits for the time period at issue in this 8 case. 9 2. If, and to the extent, the court awards long-term disability benefits to Plaintiff under 10 the aforementioned Policy, Sun Life agrees that any and all such benefits are payable by Sun Life 11 subject to the terms and conditions of the Policy. Sun Life also agrees that if any attorneys’ fees, 12 interest, costs and other such relief is awarded under ERISA based upon Sun Life’s decision on 13 Plaintiff’s claim, then it is the proper party for payment of those additional damages. 14 agree that nothing herein shall be construed as a waiver of Sun Life’s right to appeal from any 15 finding of liability by the Court. 16 17 18 19 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 20 respective counsel of record, that the Plan be dismissed, without prejudice, with the parties to bear 21 their own attorneys’ fees and costs directly related to the instant Stipulation and the dismissal of the 22 Plan. Sun Life shall remain the only named defendant. 23 24 25 26 27 28 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 1 Dated: August 19, 2013 BARGER & WOLEN LLP 2 3 By: 4 5 6 /s/ J. RUSSELL STEDMAN J. RUSSELL STEDMAN BRENDAN V. MULLAN Attorneys for Defendant SUN LIFE ASSURANCE COMPANY OF CANADA 7 8 Dated: August 19, 2013 DONAHUE & HORROW, LLP 9 10 By: 11 12 /s/ MICHAEL B. HORROW MICHAEL B. HORROW NICHOLE D. PODGURSKI Attorneys for Plaintiff LONNIE BOTTS 13 ORDER 14 15 Based upon the foregoing Stipulation, and good cause appearing therefor, Defendant Berry 16 Petroleum Company Group Term Employee Benefit Plan shall be and hereby is dismissed from this 17 action without prejudice with the parties to bear their own attorneys’ fees and costs directly related 18 to the instant Stipulation and the dismissal of the Plan. Sun Life shall remain the only named 19 defendant. 20 21 22 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill August 19, 2013 UNITED STATES DISTRICT JUDGE DEAC_Signature-END: 23 24 b2e55c0d 25 26 27 28 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?