Haddad, M.D. v. SMG Long Term Disability Plan et al

Filing 122

ORDER signed by William H Orrick, III on 5/24/2021 ORDERING in light of the parties' settlement of the PDE issue, Hartford is excused from submitting information regarding that issue as otherwise required by the February Civil Minute Order. By 5/25/2021, Hartford shall provide plaintiff with the release covering the PDE issue. Plaintiff shall execute that release on or before 5/28/2021, unless plaintiff has a good faith basis for objecting to the release. Any such good faith objection shall be submitted to this Court for resolution by 6/8/2021. That objection will be resolved along with the remaining prejudgment interest issue. (Becknal, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FADI G. HADDAD
Plaintiff,

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United States District Court
Eastern District of California

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Case No. 16-cv-01700-WHO
ORDER RE EX PARTE REQUEST

v.

Re: Dkt. No. 118
SMG LONG TERM DISABILITY PLAN,
AND HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,
Defendants.
According to the parties’ stipulation filed on April 30, 2021, the parties settled one of the

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two remaining issues in this case regarding pre-disability monthly earnings (“PDE”). Dkt. No.

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114. In reliance on that stipulation, I continued the briefing and hearing date on the remaining

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issue in this case, regarding prejudgment interest.

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Because the PDE issue was settled, Hartford did not file any information regarding that

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issue in its May 7, 2021 submission to the Court (that otherwise would have been necessary under

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the Court’s February 17, 2021 Civil Minute Order, Dkt. No. 103). The parties, apparently, have a

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dispute over whether that was appropriate. As such, Hartford filed an Ex Parte request seeking a

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status conference to resolve the issue in advance of the June 15, 2021 conference where the claim

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for prejudgment interest will be resolved. Dkt. No. 118.

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Plaintiff’s counsel opposes, seeing no need to have an interim status conference before the
June 15, 2021 conference. Dkt. No. 120.

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Considering both sides’ submissions, I direct as follows:

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In light of the parties’ settlement of the PDE issue, Hartford is excused from submitting

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information regarding that issue as otherwise required by the February Civil Minute Order. By

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May 25, 2021, Hartford shall provide plaintiff with the release covering the PDE issue. Plaintiff

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shall execute that release on or before May 28, 2021, unless plaintiff has a good faith basis for

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objecting to the release. Any such good faith objection shall be submitted to this Court for

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resolution by June 8, 2021. That objection will be resolved along with the remaining prejudgment

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interest issue.

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IT IS SO ORDERED.
Dated: May 24, 2021

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William H. Orrick
United States District Judge

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United States District Court
Eastern District of California

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