Cuaresma, Jr. v. Farmers Group Disability Income Plan, an ERISA Plan et al
Filing
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STIPULATION and ORDER signed by District Judge John A. Mendez on 07/09/18 ORDERING that this case is REMANDED to Defendant Liberty Life Assurance Company of Boston to fully evaluate the merits of Cuaresma's claim for LTD benefits in compliance with the Policy, and to decide whether Cuaresma is entitled to LTD benefits under the Plan; and that, instead of entering final judgment, the District Court shall RETAIN jurisdiction while this matter is on remand. (Benson, A.)
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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:
(650) 364-8200
Facsimile:
(650) 780-1701
Email:
pamela.cogan@rmkb.com; robert.forni@rmkb.com
Attorneys for Defendants, FARMERS GROUP DISABILITY INCOME
PLAN, and LIBERTY LIFE ASSURANCE COMPANY OF BOSTON
LAURENCE F. PADWAY (SBN 89314)
LAW OFFICES OF LAURENCE F. PADWAY
1516 Oak Street, Suite 109
Alameda, CA 94501
Telephone:
(510)814-6100
Facsimile:
(510)814-0650
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DAVID J. LINDEN (SBN 41221)
Attorney at Law
Post Office Box 5780
Napa, CA 94581
Telephone: (707) 252-7007
Facsimile: (707) 252-7883
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Attorneys for Plaintiff, NARCISIO CUARESMA, JR.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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NARCISIO CUARESMA, JR.,
Plaintiff,
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v.
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Case No. 2:15-cv-02192-JAM-EFB
STIPULATION AND ORDER
REMANDING CASE TO DEFENDANT
LIBERTY LIFE ASSURANCE COMPANY
OF BOSTON
FARMERS GROUP DISABILITY INCOME
PLAN, an ERISA Plan, and LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON,
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Defendants.
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WHEREAS, in October 2015, Narciso Cuaresma, Jr. (“Cuaresma”) filed suit against
Defendants Farmers Group Disability Income Plan (“the Plan”) and Liberty Life Assurance
4852-4877-1436.4
7/6/18
STIPULATION AND ORDER REMANDING CASE TO
DEFENDANT
CASE NO. 2:15-CV-02192-JAM-EFB
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Company of Boston (“Liberty”), alleging a single claim under 29 U.S.C. §1132(a) to recover
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long-term disability (“LTD”) benefits allegedly due to him under the Plan (Docket 1);
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WHEREAS, LTD benefits under the Plan are insured by a Group Disability Income
Policy (“the Policy”) that Liberty issued to Farmers Group, Inc.;
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WHEREAS, the Plan is governed by the Employee Retirement Income Security Act of
1974, 29 U.S.C. §1001, et. seq. (“ERISA”);
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WHEREAS, on September 6, 2016, the District Court granted Defendants’ motion for
summary judgment on their Sixth Affirmative Defense, on the grounds that Cuaresma had failed
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to exhaust his administrative remedies under the Plan before filing suit;
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A Professional Corporation
Redwood City
Ropers Majeski Kohn & Bentley
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WHEREAS, after entering its order granting Defendants’ motion for summary judgment
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on October 19, 2016 (Docket 27), the District Court entered judgment in their favor on October
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20, 2016 (Docket 28), from which Cuaresma appealed to the Ninth Circuit on October 21, 2016
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(Docket 30);
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WHEREAS, on May 31, 2018, the Ninth Circuit filed its Memorandum disposition in
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which it which reversed judgment and remanded “with instructions to the district court to remand
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this case to Liberty to fully evaluate the merits of Cuaresma’s claim in compliance with the
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Policy,” and Mandate then issued on June 22, 2018 (Docket 43);
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WHEREAS, Cuaresma filed a cost bill in this Court on June 14, 2018 (Docket 42), to
which Defendants object (Docket 46);
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IT IS HEREBY STIPULATED AND AGREED by and between the parties, through
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their counsel of record in this action, that the Court shall remand this case to Defendant Liberty
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Life Assurance Company of Boston to fully evaluate the merits of Cuaresma’s claim for LTD
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benefits in compliance with the Policy, and to decide whether Cuaresma is entitled to LTD
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benefits under the Plan.
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IT IS FURTHER STIPULATED AND AGREED by and between the parties, through
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-24852-4877-1436.4
STIPULATION AND ORDER REMANDING CASE TO
DEFENDANT
CASE NO. 2:15-CV-02192-JAM-EFB
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their counsel of record in this action, that, instead of entering final judgment, the District Court
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shall retain jurisdiction while this matter is on remand.
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Dated: July 6, 2018
LAW OFFICES OF LAURENCE F. PADWAY
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By: /s/ Laurence F. Padway
LAURENCE F. PADWAY
DAVID J. LINDEN
Attorneys for Plaintiff,
NARCISIO CUARESMA, JR.
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Dated: July 6, 2018
ROPERS, MAJESKI, KOHN & BENTLEY
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A Professional Corporation
Redwood City
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 STIPULATION, IT IS HEREBY ORDERED that this case is
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remanded to Defendant Liberty Life Assurance Company of Boston to fully evaluate the merits of
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Cuaresma’s claim for LTD benefits in compliance with the Policy, and to decide whether
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Cuaresma is entitled to LTD benefits under the Plan; and that, instead of entering final judgment,
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the District Court shall retain jurisdiction while this matter is on remand.
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IT IS SO ORDERED.
Dated: July 9, 2018
/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge
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-34852-4877-1436.4
STIPULATION AND ORDER REMANDING CASE TO
DEFENDANT
CASE NO. 2:15-CV-02192-JAM-EFB
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