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

Filing 58

STIPULATION and ORDER RE SETTLEMENT AGREEMENT signed by William H Orrick, III on 5/22/2019. (Zignago, K.)

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LAW OFFICES OF LAURENCE F. PADWAY
Laurence F. Padway (SBN 89314)
1516 Oak Street, Suite 109
Alameda, CA 94501
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff Fadi G. Haddad, M.D.
Michael B. Bernacchi (SBN 163657)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Hartford Life and Accident
Insurance Company

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO

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FADI G. HADDAD, M.D.,

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Case No. 2:16-cv-01700-WHO

Plaintiff,

STIPULATION AND [PROPOSED]
ORDER RE SETTLEMENT
AGREEMENT

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v.

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SMG LONG TERM DISABILITY PLAN,
AND HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY,

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Defendants.

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RECITALS

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WHEREAS, Dr. Haddad claims disability under a group disability policy (number

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GVL-16008) (Policy) issued by Hartford Life and Accident Insurance Company as part of

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an employee welfare benefit plan subject to the Employee Retirement Income Security

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Act of 1974 (“ERISA”).

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WHEREAS, Dr. Haddad filed this lawsuit seeking disability benefits from Hartford

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captioned Fadi G. Haddad, M.D. v. SMG Long-Term Disability Plan and Hartford Life
LA #4814-8451-9575 v1

CASE NO. 2:16-CV-1700-WHO
STIPULATION AND ORDER RE
SETTLEMENT AGREEMENT

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and Accident Insurance Company, now pending as Case No. 2:16-cv-01700-WHO in the

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United States District Court, Eastern District of California [Docket 42].

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WHEREAS, Dr. Haddad’s claim for Short-Term Disability (“STD”) benefits from

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Hartford was litigated in the District Court to judgment [Docket 35] and appealed to the

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Ninth Circuit Court of Appeals, which reversed the judgment and remanded the case back

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to the District Court with instructions on January 22, 2019 [Docket 42].

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WHEREAS, Hartford claims an offset to the Short-Term and Long-Term

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Disability benefits provided by the Policy based upon Dr. Haddad’s settlement of a

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personal injury lawsuit captioned Haddad v. Hilton Worldwide Holdings, Inc., et al.,

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United States District Court, Eastern District of California, Case No. 2:16-cv-00405-

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MCE-CKD, and Dr. Haddad disputes said entitlement.

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WHEREAS, the settlement agreement between Dr. Haddad and Hilton contains a

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confidentiality provision which precludes Dr. Haddad from providing that agreement to

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Hartford absent a court order.

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WHEREAS, Dr. Haddad and Hartford agree that production of the settlement

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agreement would facilitate Hartford’s analysis of its entitlement to an offset, and Hartford

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has agreed to be bound by the confidentiality provision in the settlement agreement to the

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same extent that the parties to the Hilton settlement are bound. Accordingly, counsel for

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Dr. Haddad believes that Hartford is entitled to an order for production of the Hilton

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settlement agreement. See Ex Parte Uppercu, 239 U.S. 435 (1915).

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WHEREAS, although the settlement agreement between Dr. Haddad and Hilton

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does not require notice to Hilton prior to the seeking of a court order for disclosure of the

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agreement, counsel for Dr. Haddad has nonetheless twice emailed and twice left voice

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mail messages for counsel for Hilton, the earliest of which was on May 9, 2019, advising

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Hilton’s counsel of Hartford’s request to see the settlement agreement and offering

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counsel for Hilton the opportunity to object and be heard on the matter. Counsel for

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Hilton has not responded to these emails and voice mails.

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LA #4814-8451-9575 v1

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CASE NO. 2:16-CV-1700-WHO
STIPULATION AND ORDER RE
SETTLEMENT AGREEMENT

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WHEREAS, Hartford has agreed not to claim an offset to the Short Term

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Disability benefits provided by the Policy based on the Hilton settlement, provided that

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(1) the settlement agreement is provided to Hartford and (2) Hartford reserves its right to

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claim any offset to which it may be entitled against any Long Term Disability benefits

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which may be due to Dr. Haddad.

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STIPULATION

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Now, therefore the parties stipulate that the Court order:

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1. Dr. Haddad shall promptly produce the settlement agreement in the Hilton case

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to counsel for Hartford.

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2. Hartford, SMG Long Term Disability Plan, and their counsel shall be bound by

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the confidentiality provisions of the settlement agreement to the same extent

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that Dr. Haddad and Hilton are bound.

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3. Any party to this stipulation, or Hilton, may move for an order that the Hilton

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settlement agreement be filed under seal in this action. The Court may or may

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not grant such motion.

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4. Hartford shall promptly produce all of its policies and procedures pertaining to

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the offset of third party settlements for the relevant time period at issue,

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including how Hartford determines the amount of the settlement it attributes to

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lost earnings when the settlement is for a lump sum.

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Dated: May 21, 2019

Law Offices of Laurence F. Padway

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By: /s/ Laurence F. Padway
Laurence F. Padway
Attorneys for Plaintiff
Fadi G. Haddad, M.D.

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LA #4814-8451-9575 v1

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CASE NO. 2:16-CV-1700-WHO
STIPULATION AND ORDER RE
SETTLEMENT AGREEMENT

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Dated: May 21, 2019

Burke, Williams & Sorensen, LLP

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By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Attorneys for Defendant
Hartford Life and Accident Insurance Company

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Michael B. Bernacchi, attest that concurrence in the filing of this document has been
obtained from the other Signatory.

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By: /s/ Michael B. Bernacchi
Michael B. Bernacchi

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ORDER

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IT IS SO ORDERED.

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Dated: _May 22, 2019__________

____________________________________
Honorable William H. Orrick
United States District Judge

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CASE NO. 2:16-CV-1700-WHO
STIPULATION AND ORDER RE
SETTLEMENT AGREEMENT