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

Filing 40

STIPULATION and ORDER signed by District Judge John A. Mendez on 1/20/2017 ORDERING that 29 Bill of Costs Submitted, 33 Costs Taxed are hereby SET ASIDE, without prejudice to Defendants' right to recover the same costs taxed or additional costs. No party shall recover costs at this time. DENYING as MOOT 34 Motion to Strike and the hearing thereon, currently set for 2/7/2017, is vacated. (Washington, S)

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A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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PAMELA E. COGAN (SBN 105089)
ROBERT M. FORNI, JR. (SBN 180841)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]; [e-mail]
Attorneys for Defendants, FARMERS GROUP DISABILITY INCOME
PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON

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LAURENCE F. PADWAY (SBN 89314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone: [phone]
Facsimile : [phone]

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Attorneys for Plaintiff, NARCISO CUARESMA, JR.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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NARCISO CUARESMA, JR.,

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Plaintiff,

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v.

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Case No. 2:15-CV-2192-JAM-EFB
STIPULATION AND ORDER SETTING
ASIDE BILL OF COSTS AND ORDER
TAXING COSTS

FARMERS GROUP DISABILITY INCOME
PLAN, an ERISA Plan, and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON,

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Defendants.

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IT IS HEREBY STIPULATED by and between Plaintiff Narciso Cuaresma and

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Defendants Farmers Group Disability Income Plan and Liberty Life Assurance Company of

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Boston, by and through their respective attorneys of record, that the cost bill filed by Defendants

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on October 20, 2016 (Docket No. 29) and the order taxing costs in amount of $163.60 against

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Plaintiff that was filed by the clerk on November 1, 2016 (Docket No. 33) are hereby set aside,

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without prejudice to Defendants’ right to recover the same costs taxed or additional costs as a

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prevailing party in connection with Plaintiff’s appeal from the Judgment entered in this action on
4827-9668-2304.1

STIPULATION AND ORDER SETTING ASIDE BILL OF
COSTS AND ORDER TAXING COSTS
CASE NO. 2:P15-CV-02191

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October 20, 2016 (Ninth Circuit Case Number 16-16946). No party shall recover costs at this

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time. Plaintiff’s Motion to Strike Defendants’ Cost Bill (Docket No. 34) is therefore denied as

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moot, and the hearing thereon, currently set for February 7, 2017, is vacated.

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All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in

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the Stipulation’s content and have authorized its filing.

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Dated: January 20, 2017

LAW OFFICES OF LAURENCE F. PADWAY

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

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By: /s/ Laurence F. Padway
LAURENCE F. PADWAY
Attorneys for Plaintiff,
NARCISIO CUARESMA, JR.

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Dated: January 20, 2017

ROPERS, MAJESKI, KOHN & BENTLEY

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By: /s/ Robert M. Forni, Jr.
PAMELA E. COGAN
ROBERT M. FORNI, JR.
Attorneys for Defendants,
FARMERS GROUP DISABILITY
INCOME PLAN, and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON

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ORDER

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PURSUANT TO THE PARTIES’ STIPULATION, the cost bill filed on October 20,

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2016 (Docket No. 29) and the order taxing costs in amount of $163.60 against Plaintiff that was

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filed by the clerk on November 1, 2016 (Docket No. 33) are hereby set aside, without prejudice to

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Defendants’ right to recover the same costs taxed or additional costs as a prevailing party in

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connection with Plaintiff’s appeal from the Judgment entered in this action on October 19, 2016

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(Ninth Circuit Case Number 16-16946). No party shall recover costs at this time. Plaintiff’s

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Motion to Strike Defendants’ Cost Bill (Docket No. 34) is therefore denied as moot, and the

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hearing thereon, currently set for February 7, 2017, is vacated.

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IT IS SO ORDERED.
Dated: 1/20/2017

/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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4827-9668-2304.1

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STIPULATION AND ORDER SETTING ASIDE BILL OF
COSTS AND ORDER TAXING COSTS
CASE NO. 2:P15-CV-02191