Hicks v. Liberty Life Assurance Company of Boston et al

Filing 19

CONSENT ORDER OF DISMISSAL signed by Judge Kimberly J. Mueller on 11/7/14. (Kaminski, H)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JEANETTE HICKS,

No. 2:14-CV-01088-KJM-KJN

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Plaintiff,

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CONSENT ORDER OF DISMISSAL

v.
LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON, WELLS FARGO &
COMPANY, et al.,

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Defendants.

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Plaintiff Jeanette Hicks (“Hicks”) filed her complaint in this matter for short-

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term disability (STD) benefits under the Employee Retirement Income Security Act of 1974

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(“ERISA”), 29 U.S.C. § 1001, et. seq. The parties have reported plaintiff’s claim for STD

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benefits has been fully and finally resolved pursuant to the terms of a confidential settlement

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agreement. ECF No. 18.

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The court approves the parties’ stipulation and dismisses plaintiff’s complaint

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with prejudice and without fees and costs against defendants Wells Fargo and Liberty with

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respect to any and all claims for STD benefits under the STD Plan pursuant to the terms of a

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confidential settlement agreement. The court also dismisses without prejudice and without fees

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and costs with respect to any and all claims for long-term disability (LTD) benefits. The

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dismissal of plaintiff’s claims herein shall not have any res judicata, collateral estoppel or

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preclusive effect with respect to plaintiff’s LTD claim.
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CONSENT ORDER OF DISMISSAL

Case No. 2:14-cv-01088-KJM-KJN

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This court in its discretion declines to maintain jurisdiction to enforce the terms

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of any agreement between the parties concerning the resolution of plaintiffs claim for STD

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benefits. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v.

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Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal

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jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382.

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IT IS SO ORDERED.
DATED: November 7, 2014.

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UNITED STATES DISTRICT JUDGE

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CONSENT ORDER OF DISMISSAL

Case No. 2:14-cv-01088-KJM-KJN