Eslinger v The Donahue Bates Blakemore and Mackey Long-Term Disability Ins., et al

Filing 28

STIPULATION and ORDER 24 granting leave signed by Senior Judge Lawrence K. Karlton on 2/22/2010. Plaintiff shall file her First Amended Complaint w/in 10 days of issuance of this Order. (Marciel, M)

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JOHN M. RIESTENBERG (SBN 82668) LAW OFFICES OF JOHN M. RIESTENBERG 455 Capitol Mall, Suite 410 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff DEBRA ESLINGER Linda M. Lawson (SBN 77130) Carmen J. Cole (SBN 218489) MESERVE, MUMPER & HUGHES LLP 300 South Grand Avenue, 24th Floor Los Angeles, CA 90071-3185 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In this lawsuit, Plaintiff has sued the "Donahue Bates Blakemore & Mackey LongTerm Disability Insurance Plan," and the insurers who provided Donahue Bates with a group disability insurance policy, covering Plaintiff, Debra Eslinger. Defendants Fort Dearborn Life Insurance Company and Highmark Life Insurance Company answered Plaintiff's Complaint for themselves only, not for the "Donahue Bates Blakemore & Mackey Long-Term Disability Insurance Plan." Plaintiff has amended her Complaint to add former her employer, Donahue, Bates, Blakemore & Mackey, as a Defendant and to specifically set forth the allegations
1 S t ip u la tio n and Order Granting Leave to File Plaintiff's First Am e n d e d Com p la in t/C a s e No. 09CV02548

DEBRA ESLINGER

) ) Plaintiff, ) v. ) ) THE DONAHUE BATES BLAKEMORE & ) MACKEY LONG-TERM DISABILITY ) INSURANCE PLAN; HIGHMARK LIFE ) INSURANCE COMPANY; FORT ) DEARBORN LIFE INSURANCE ) COMPANY; DOES 1 through 20, Inclusive, ) ) Defendants. ) )

NO.

09CV02548 LKK JFM

STIPULATION AND ORDER GRANTING LEAVE TO FILE PLAINTIFF'S FIRST AMENDED COMPLAINT

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supporting her claims that she has been arbitrarily denied disability insurance benefits due her under the Group Policy issued by Highmark and subsequently taken over by Fort D e a rb o rn . All parties who have appeared in this lawsuit (Plaintiff, Fort Dearborn and Highmark) stipulate that Plaintiff may file her proposed First Amended Complaint, a copy of which is attached hereto. Defendants Fort Dearborn and Highmark further stipulate that they will accept service of the First Amended Complaint by means of email or facsimile sent to their Counsel, as the equivalent of personal service. STIPULATED AND AGREED TO BY:

Dated: February 22, 2010

LAW OFFICES OF JOHN RIESTENBERG /S/ JOHN RIESTENBERG JOHN M. RIESTENBERG Attorney for Plaintiff DEBRA ESLINGER

Dated: February 11, 2010

MESERVE, MUMPER & HUGHES LINDA M. LAWSON CARMEN COLE /s/Carmen Cole CARMEN COLE Attorneys for Defendants FORT DEARBORN LIFE INSURANCE COMPANY and HIGHMARK LIFE INSURANCE COMPANY

Based upon the above Stipulation, the Court finds that the filing of the First 21 Amended Complaint without the necessity of a motion is in the interest of justice. 22 IT IS THEREFORE ORDERED that: 23 1. 24 issuance of this Order. 25 26 27 28
2 S t ip u la tio n and Order Granting Leave to File Plaintiff's First Am e n d e d Com p la in t/C a s e No. 09CV02548

Plaintiff shall file her First Amended Complaint within 10 days of the

Dated: February 22, 2010.