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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 JEANETTE HICKS, No. 2:14-CV-01088-KJM-KJN 10 Plaintiff, 11 12 13 14 CONSENT ORDER OF DISMISSAL v. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, WELLS FARGO & COMPANY, et al., 15 Defendants. 16 17 Plaintiff Jeanette Hicks (“Hicks”) filed her complaint in this matter for short- 18 term disability (STD) benefits under the Employee Retirement Income Security Act of 1974 19 (“ERISA”), 29 U.S.C. § 1001, et. seq. The parties have reported plaintiff’s claim for STD 20 benefits has been fully and finally resolved pursuant to the terms of a confidential settlement 21 agreement. ECF No. 18. 22 The court approves the parties’ stipulation and dismisses plaintiff’s complaint 23 with prejudice and without fees and costs against defendants Wells Fargo and Liberty with 24 respect to any and all claims for STD benefits under the STD Plan pursuant to the terms of a 25 confidential settlement agreement. The court also dismisses without prejudice and without fees 26 and costs with respect to any and all claims for long-term disability (LTD) benefits. The 27 dismissal of plaintiff’s claims herein shall not have any res judicata, collateral estoppel or 28 preclusive effect with respect to plaintiff’s LTD claim. 1 CONSENT ORDER OF DISMISSAL Case No. 2:14-cv-01088-KJM-KJN 1 This court in its discretion declines to maintain jurisdiction to enforce the terms 2 of any agreement between the parties concerning the resolution of plaintiffs claim for STD 3 benefits. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994); cf. Collins v. 4 Thompson, 8 F.3d 657, 659 (9th Cir. 1993). Unless there is some independent basis for federal 5 jurisdiction, enforcement of the agreement is for state courts. Kokkonen, 511 U.S. at 382. 6 7 IT IS SO ORDERED. DATED: November 7, 2014. 8 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 CONSENT ORDER OF DISMISSAL Case No. 2:14-cv-01088-KJM-KJN

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