Porter et al v. Blue Cross Blue Shield

Filing 22

STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 04/19/10 ORDERING pursuant to the 21 Stipulation and Proposed Order the above entitled action is dismissed with prejudice as to Defendant HCSC only. Plaintiffs and Defendant HCSC to bear their own costs and attorneys fees as between each other. (Williams, D)

1 Lisa S. Kantor, Esq. State Bar No. 110678, [e-mail] Elizabeth K. Green, Esq. State Bar No. 199634, [e-mail] 2 KANTOR & KANTOR, LLP 19839 Nordhoff Street 3 Northridge, CA 91324 Telephone: [phone] Facsimile: [phone] 5 Attorneys for Plaintiffs, Daniel P. Porter and Cherie Porter 6 SEYFARTH SHAW LLP 7 Kamili W. Dawson, State Bar No. 193264, [e-mail] 560 Mission Street, Suite 3100 8 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] 10 Attorneys for Defendants Blue Cross Blue Shield of Illinois, a Division of Health Care Service Corporation, a 11 Mutual Legal Reserve Company, erroneously sued as Blue Cross Blue Shield of Illinois, and United Airlines Employee Welfare Benefit Plan, sued erroneously as 12 United Airlines Retiree Medical Plan 13 14 15 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) vs. ) ) ) BLUE CROSS BLUE SHIELD OF ) ILLINOIS and UNITED AIRLINES ) RETIREE MEDICAL PLAN; ) ) Defendants. _______________________________ ) CASE NO: 2:09-cv-01604-FCD-DAD STIPULATION AND ORDER TO DISMISS DEFENDANT BLUE CROSS BLUE SHIELD OF ILLINOIS WITH PREJUDICE

16 DANIEL P. PORTER and CHERIE PORTER, 17 Plaintiffs, 18 19 20 21 22 23 24 25 26 27 28

IT IS HEREBY STIPULATED, by and between Plaintiffs Daniel P. Porter and Cherie Porter, and Defendants Blue Cross Blue Shield of Illinois, a Division of health care Service Corporation, a Mutual Legal Reserve Company ("HCSC") and United Airlines Employee Welfare Benefit Plan ("United"), by and through their respective counsel of record, that this action shall be dismissed with prejudice as to Defendant 1

1 HCSC. 2 This action is governed by ERISA and results from a denial of medical benefits 3 to Plaintiff by Defendants under a group plan of health insurance created by 4 Defendant United for the benefit of its employees. Defendant United acknowledges 5 that should medical benefits be found owing to Plaintiff pursuant to the terms of the 6 subject ERISA plan, it will be the party obligated to pay said benefits, judgment, and 7 any attorneys' fees and costs ordered by the Court. 8 The parties further agree that based on Defendant United's foregoing 9 obligations, Defendant HCSC is not a necessary party to this action. Defendant 10 United further agrees that at no time during the course of this litigation will it contend 11 that the action is defective as a result of HCSC having been dismissed from the action. 12 This Stipulation is based on the mutual understanding that dismissal of HCSC 13 will not affect the ability of the remaining Defendant to satisfy any money judgment 14 issued in this action. Defendant HCSC agrees to waive attorneys' fees and costs 15 against Plaintiffs and Plaintiffs agree to waive attorneys fees and costs against 16 Defendant HCSC only. 17 18 19 20 21 Dated: April __, 2010 22 23 24 25 26 27 28 2 KANTOR & KANTOR , LLP By: ___/s/________________________ Elizabeth Green Attorneys for Plaintiffs Daniel Porter and Cherie Porter IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

1 2 3 4 5 6 7 8 9 10 11 12 ORDER IT IS HEREBY ORDERED, pursuant to the stipulation of the parties, the Dated: April __, 2010 SEYFARTH SHAW LLP By: __/s/__________________________ Kamili W. Dawson Attorneys for Defendants Blue Cross Blue Shield of Illinois, a Division of Health Care Service Corporation, a Mutual Legal Reserve Company and United Airlines Employee Welfare Benefit Plan

13 above entitled action is dismissed with prejudice as to Defendant HCSC only. 14 Plaintiffs and Defendant HCSC to bear their own costs and attorneys' fees as between 15 each other. 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DATED: April 19, 2010
_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE