Mack v. Dearborn National Life Insurance Company

Filing 20

CONSENT ORDER signed by Judge Kimberly J. Mueller on 9/16/2015 DISMISSING Plaintiff Leanne Mack without prejudice and without fees and costs; REMANDING this case to Dearborn National Life Insurance Company; ORDERING that this Court retain jurisdiction for the purposes of enforcing the settlement agreement. CASE CLOSED. (Michel, G.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEANNE MACK,

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No. 2:14-cv-01665-KJM-DAD
Plaintiff,

v.

CONSENT ORDER

DEARBORN NATIONAL LIFE
INSURANCE COMPANY, and DOES 1
to 100,
Defendant.

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WHEREAS, Plaintiff LEANNE MACK ("Plaintiff") filed her Complaint in this

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matter for long term disability benefits under the Employee Retirement Income Security Act of

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1974 (“ERISA”) 29 U.S.C. § 1001, et. seq.;

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WHEREAS, Defendant Dearborn National Life Insurance Company (“Dearborn”)
denies the allegations contained in the Complaint;
WHEREAS Dearborn provides claim administration services to Leanne Mack’s

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employer and provides long-term disability insurance to eligible participants in accordance with

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the Long-Term Disability policy underwritten by Dearborn;

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WHEREAS, the Plaintiff and Defendant seek to resolve the issues now joined in
this matter on the merits and expediently;
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WHEREAS, the parties have reported that Plaintiff's claim for own occupation

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

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settlement agreement;

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WHEREAS, nothing herein shall be deemed to alter or adversely affect plaintiff's
right to seek further long term disability benefits in accordance with the terms of the Plan; and

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WHEREAS the parties now jointly submit this Consent Order for approval of and
entry by the Court;

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NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND
DECREED:
1. The Complaint of Plaintiff LEANNE MACK is hereby dismissed without

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prejudice and without fees and costs with respect to any and all claims for continuing long term

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disability benefits under the any occupation definition of disability;

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2. This case shall be remanded to Dearborn for determination of plaintiff's

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eligibility for receipt of long-term disability benefits under the any occupation portion of the

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long-term disability policy at issue. In making this determination Dearborn shall possess the right

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to conduct an independent medical examination of plaintiff and shall consider any and all medical

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records currently in its possession and any additional records submitted by plaintiff covering

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medical care for the period of time from January 2, 2013 to September 30, 2015 in addition to any

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other usual activities it would undertake to evaluate such a claim; and

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3. This Court will retain jurisdiction for the purposes of enforcing the agreement

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between the parties concerning the settlement and resolution of plaintiff’s claim for her own

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occupation long term disability benefits.

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IT IS SO ORDERED.
DATED: September 16, 2015.

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UNITED STATES DISTRICT JUDGE

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