Cuaresma, Jr. v. Farmers Group Disability Income Plan, an ERISA Plan et al

Filing 28

JUDGMENT dated *10/19/16* in favor of Defendants pursuant to order signed by District Judge John A. Mendez on 10/19/16. CASE CLOSED.(Washington, S)

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1 2 3 4 5 6 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 8 PAMELA E. COGAN (SBN 105089) ROBERT M. FORNI, JR. (SBN 180841) BLAKE J. RUSSUM (SBN 258031) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 500 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Email: pamela.cogan@rmkb.com; robert.forni@rmkb.com blake.russum@rmkb.com Attorneys for Defendants FARMERS GROUP DISABILITY INCOME PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 NARCISIO CUARESMA, JR., 13 Plaintiff, 14 JUDGMENT v. 15 Case No. 2:15-CV-02192-JAM-EFB FARMERS GROUP DISABILITY INCOME PLAN, an ERISA Plan, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, 16 17 Defendants. 18 19 The Motion for Summary Judgment by Defendants Liberty Life Assurance Company of 20 Boston (“Liberty Life”) and the Farmers Group Disability Income Plan (“the Plan”) pursuant to 21 Federal Rule of Civil Procedure 56 came on for hearing before Honorable John A. Mendez, 22 District Judge Presiding, on September 6, 2016. After full consideration of the evidence, points 23 of authorities submitted by both parties, and oral argument, and a decision having been duly 24 rendered, the Court finds that Plaintiff Narcisio Cuaresma Jr.’s causes of action against Liberty 25 Life and the Plan fail as a matter of law, and therefore, Liberty Life and the Plan are entitled to 26 judgment in their favor and against Plaintiff. 27 28 IT IS THERFORE ORDERED, ADJUDGED, and DECREED that Plaintiff take nothing, that the action shall be DISMISSED with prejudice, and that JUDGMENT be ENTERED in favor 4849-7744-7736.1 [PROPOSED] JUDGMENT CASE NO. 2:15-CV-02191JAM-EFB 1 of Defendants Liberty Life Assurance Company of Boston and the Farmers Group Disability 2 Income Plan. 3 IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendants Liberty Life 4 Assurance Company of Boston and the Farmers Group Disability Income Plan shall recover their 5 costs. 6 Dated: October 19, 2016 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 /s/ John A. Mendez ____ Honorable John A. Mendez, United States District Court Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4849-7744-7736.1 -2- [PROPOSED] JUDGMENT CASE NO. 2:15-CV-02191JAM-EFB

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