Bommarito v. The Northwestern Mutual Life Insurance Company

Filing 59

JUDGMENT signed by Senior Judge William B. Shubb on 8/31/2018. (Zignago, K.)

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1 2 3 4 5 Sean P. Nalty (State Bar No. 121253) sean.nalty@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: (415) 442-4810 Facsimile: (415) 442-4870 6 7 Attorney for Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 DEVRA BOMMARITO, an individual, 14 Plaintiff and Counterdefendant, 15 16 17 18 19 v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY and MARK MAJEWSKI, Defendant and Counterclaimant. 20 ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-01187-WBS-DB JUDGMENT Complaint Filed: June 1, 2015 Current Trial Date: December 4, 2018 Judge: Hon. William B. Shubb 21 22 23 24 25 26 27 28 JUDGMENT Case No. 2:15-cv-01187-WBS-DB 1 Pursuant to the stipulation of the parties signed on August 30, 2018, and the July 23, 2018 order 2 granting Defendant NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY’s motions for the 3 Application of ERISA to this matter and for partial summary judgment, the Court hereby enters 4 judgment in favor of Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE 5 INSURANCE COMPANY, and against Plaintiff and Counterdefendant DEVRA BOMMARITO, on 6 Plaintiff’s Complaint for Breach of Contract and Breach of the Covenant of Good Faith and Fair 7 Dealing filed in this matter. 8 9 10 11 Moreover, based on the stiplation of the parties, NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY’S counterclaim against Plaintiff and Counterdefendant DEVRA BOMMARITO is dismissed without prejudice. The Court will determine the amount, if any, of costs of suit to which NORTHWESTERN 12 MUTUAL LIFE INSURANCE COMPANY is entitled in response to the appropriate post-judgment 13 submissions and motion practice. 14 15 IT IS SO ORDERED AND ADJUDICATED. 16 17 18 Dated: August 31, 2018 19 20 21 22 23 24 25 26 27 28 -2JUDGMENT Case No. 2:15-cv-01187-WBS-DB

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