Culbertson-Chavira v. Life Insurance Company of North America et al

Filing 15

STIPULATION and ORDER signed by District Judge John A. Mendez on 4/12/2018 ORDERING that Plaintiff's motion for attorney fees and costs shall be filed on 5/15/2018 and noticed for hearing on 6/19/2018 at 1:30 p.m. Defendant's opposition to Plaintiff's Motion shall be filed 6/5/2018. Plaintiff's reply to opposition to the Motion shall be filed 6/12/2018. (Zignago, K.)

1 Nicole Y. Blohm (Bar No. 177284)
[e-mail]

2 Allison Vana (Bar No. 228282)
[e-mail]

3 MESERVE, MUMPER & HUGHES LLP
800 Wilshire Boulevard, Suite 500

4 Los Angeles, California 90017-2611
Telephone: [phone]

5 Facsimile: [phone]
6 Attorneys for Defendant

LIFE INSURANCE COMPANY OF NORTH AMERICA

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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11 BRENDA CULBERTSON-CHAVIRA,
Plaintiff,

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vs.

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14 LIFE INSURANCE COMPANY OF NORTH
AMERICA, COMMUNITY MEMORIAL
15 HEALTH SYSTEM EMPLOYEE BENEFIT
PLAN and DOES 1 THROUGH 10,

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Defendants.

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Case No. 2:17-cv-01702-JAM-AC
JOINT STIPULATION, STATUS
REPORT AND ORDER RE STATUS OF
STAY OF CASE PENDING
ADMINISTRATIVE APPEAL
Judge:

Hon. John A. Mendez

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Pursuant to this Court’s Orders dated October 11, 2017 (ECF Doc. No. 12) and April 3,

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20 2018 (ECF Doc. No. 13), Plaintiff BRENDA CULBERTSON-CHAVIRA (“Plaintiff”) and
21 Defendant LIFE INSURANCE COMPANY OF NORTH AMERICA (“LINA”) (collectively “the
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22 Parties”), by and through their respective counsel, provide the following Joint Stipulation.

On October 11, 2017, the Court granted the Parties’ Stipulation to Stay Case Pending

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24 Administrative Appeal. See ECF Doc. No. 11 (Stip. filed 10/10/17); ECF Doc. No. 12 (Order
25 dated 10/11/17). In its October 11, 2017 Order, the Court instructed the Parties to file, by April 10,
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Defendant Community Memorial Health System Employee Benefit Plan (the “Plan”) was
dismissed on September 1, 2017 pursuant to stipulation. (ECF Doc. Nos. 6-7.)

LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

163027.1

Case No. 2:17-cv-01702-JAM-AC
JOINT STIPULATION, STATUS REP. AND
[PROPOSED] ORDER RE STATUS OF STAY

1 2018, a joint stipulation providing the status of Plaintiff’s submission to LINA of an administrative
2 appeal of the denial of her long-term disability (“LTD”) benefits claim, “whether the stay should be
3 lifted, whether this matter should proceed as originally filed, whether an amended complaint is
4 needed, or whether this matter should be dismissed.” (See ECF Doc. No. 12 at 1:25-2:2.)
On April 3, 2018, the Court issued a Minute Order instructing the parties to file “an updated

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6 joint status report on or before April 20, 2018.” (See ECF Doc. No. 13 [text entry only].)
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Since the time the Court stayed this action, the following activities have occurred:

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Plaintiff submitted her administrative appeal to LINA. LINA overturned its prior decision

9 to deny LTD benefits to Plaintiff.
Plaintiff now seeks an award for attorney fees and costs. It is LINA’s position this ERISA

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11 matter should be dismissed, and without an award of fees and costs. If the Parties are unable to
12 resolve the issue, Plaintiff intends to bring a motion for attorney fees and costs. The Parties have
13 conferred on, agree to, and respectfully request that the Court issue an order setting forth the
14 following briefing schedule with respect to Plaintiff’s anticipated motion.
1.

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Plaintiff’s motion for attorney fees and costs shall be filed on May 15, 2018 and

16 noticed for hearing on June 12, 2018;
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2.

LINA’s opposition to Plaintiff’s Motion shall be filed May 29, 2018;

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3.

Plaintiff’s reply to LINA’s opposition to the Motion shall be filed June 5, 2018.

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IT IS SO STIPULATED.

20 Dated: April 11, 2018

DONAHUE & HORROW, LLP

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By:

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/s/ Michael B. Horrow
Michael B. Horrow
Attorneys for Plaintiff
BRENDA CULBERTSON-CHAVIRA

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LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

163027.1

Case No. 2:17-cv-01702-JAM-AC
JOINT STIPULATION, STATUS REP. AND
[PROPOSED] ORDER RE STATUS OF STAY

1 Dated: April 11, 2018
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MESERVE, MUMPER & HUGHES LLP
Nicole Y. Blohm
Allison Vana

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By:

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/s/ Nicole Y. Blohm
Nicole Y. Blohm
Attorneys for Defendant
LIFE INSURANCE COMPANY OF
NORTH AMERICA

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Filer’s Attestation-Local Rule 131(e)

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The filing attorney attests that she has obtained concurrence regarding the filing of this

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10 document and its content from the signatories to this document.
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LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

163027.1

Case No. 2:17-cv-01702-JAM-AC
JOINT STIPULATION, STATUS REP. AND
[PROPOSED] ORDER RE STATUS OF STAY

ORDER (AS MODFIED BY THE COURT)

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Pursuant to the Parties’ Stipulation re Status of Case Pending Administrative Appeal, IT IS

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3 HEREBY ORDERED as follows:
1.

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Plaintiff BRENDA CULBERTSON-CHAVIRA’s (“Plaintiff”) motion for attorney

5 fees and costs (“Motion”) shall be filed on May 15, 2018 and noticed for hearing on June 19, 2018
6 at 1:30 p.m.;
2.

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Defendant LIFE INSURANCE COMPANY OF NORTH AMERICA’s (“LINA”)

8 opposition to Plaintiff’s Motion shall be filed June 5, 2018;
3.

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Plaintiff’s reply to LINA’s opposition to the Motion shall be filed June 12, 2018.

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IT IS SO ORDERED.

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13 Dated: April 12, 2018
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/s/ John A. Mendez_____________
Hon. John A Mendez
United States District Court Judge

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LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

163027.1

Case No. 2:17-cv-01702-JAM-AC
JOINT STIPULATION, STATUS REP. AND
[PROPOSED] ORDER RE STATUS OF STAY