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

Filing 62

STIPULATION and ORDER signed by William H Orrick, III on 6/12/19 REMANDING Dr. Haddad's claim for long-term disability benefits to the Plan for consideration. Upon remand, Dr. Haddad will file an application for LTD benefits and the applica tion will be treated as a new claim under ERISA to be adjudicated within the time limits for claims specified in 29 C. F. R. 2560.503-1. The Court will retain jurisdiction of the case throughout the remand. A telephonic Status Conference is SET for 9/24/2019 at 02:00 PM before William H Orrick III. A Joint Status Report shall be filed by 9/17/19. (Mena-Sanchez, L)

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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]
Keiko J. Kojima (SBN 206595)
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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Plaintiff,

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v.

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Case No. 2:16-cv-01700-WHO
STIPULATION TO REMAND LTD
CLAIM; AND [PROPOSED]
ORDER

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

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Defendants.

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The Parties, Plaintiff Fadi G. Haddad, M.D. (“Plaintiff” or “Dr. Haddad”),

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and Defendant Hartford Life and Accident Insurance Company (“Hartford”),

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through their respective counsel, hereby stipulate and agree based on the following:

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LA #4821-7600-2966 v2

STIPULATION TO REMAND
LTD CLAIM; AND [PROPOSED] ORDER

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WHEREAS, Plaintiff filed a complaint in the United States District Court for

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the Eastern District of California for both short-term (STD) and long-term disability

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benefits (LTD) under the SMG ERISA welfare plan.

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WHEREAS, this Northern District Court was sitting by designation in the

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Eastern District due to a backlog of cases in the Eastern District and was assigned

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this matter for all purposes.

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WHEREAS, the Parties have reached an agreement to resolve the

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outstanding STD claim and allow this case to be remanded back to the SMG Long

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Term Disability Plan for the adjudication of Dr. Haddad’s LTD claim. While the

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terms of the settlement agreement have not been completely effectuated at this

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point, the parties would like to proceed with the remand of the LTD claim at this

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time. Accordingly, the parties stipulate to the following conditions and request that

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this Court enter an order in accordance with the following stipulation:

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1.

Upon the Court signing this order, Dr. Haddad’s claim for long-term

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disability benefits will be deemed remanded to the Plan for consideration. Upon

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remand, Dr. Haddad will file an application for LTD benefits and the application

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will be treated as a new claim under ERISA to be adjudicated within the time limits

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for claims specified in 29 C. F. R. 2560.503-1.

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2.

The parties request that the Court retain jurisdiction of the case

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throughout the remand. This Court’s order of August 23, 2017 (docket 34) at fn. 8

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declined to reach the long-term disability allegations in the complaint. If there is a

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need for further litigation following the remand, the parties would like to ensure

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that it stays before this Court. As this case was filed in the Eastern District, and this

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Court does not normally sit in that forum, the parties believe the best way to do this
LA #4821-7600-2966 v2

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STIPULATION TO REMAND
LTD CLAIM AND [PROPOSED] ORDER

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is to retain jurisdiction. If the Court is not inclined to maintain jurisdiction in the

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case during the remand, the parties request the opportunity to discuss that during a

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scheduled phone Case Management Conference.

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3.

As this Court will retain jurisdiction over this case the parties request a

status conference in approximately 90 days.

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IT IS SO STIPULATED.

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Dated: June 11, 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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Dated: June 11, 2019

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Burke, Williams & Sorensen, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Keiko J. Kojima
Attorneys for Defendant
Hartford Life and Accident Insurance
Company

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LA #4821-7600-2966 v2

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STIPULATION TO REMAND
LTD CLAIM AND [PROPOSED] ORDER

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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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Dated: June 11, 2019

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

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(PROPOSED) ORDER

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Pursuant to stipulation, and good cause appearing, IT IS HEREBY
ORDERED that:

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1.

Upon the Court signing this order, Dr. Haddad’s claim for long-term

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disability benefits will be deemed remanded to the Plan for consideration. Upon

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remand, Dr. Haddad will file an application for LTD benefits and the application

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will be treated as a new claim under ERISA to be adjudicated within the time limits

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for claims specified in 29 C. F. R. 2560.503-1.

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2.

The Court will retain jurisdiction of the case throughout the remand.

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A telephonic status conference in this matter is hereby set for

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September 24, 2019 at 2:00 p.m. A Joint Status Report shall be filed by September

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17, 2019.

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IT IS SO ORDERED.

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Dated: June 12, 2019

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LA #4821-7600-2966 v2

________________________________
Hon. William H. Orrick III
United States District Judge
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STIPULATION TO REMAND
LTD CLAIM AND [PROPOSED] ORDER