Chacko v. AT&T Umbrella Benefit Plan No. 3

Filing 136

AMENDED JUDGMENT signed by District Judge Dale A. Drozd on 9/29/2023 in favor of Plaintiff against Defendant in according to the 09/07/23 order in the total amount of $154,547.19. Prejudgment interest to Plaintiff in the amount of $6,630.07. Plaintiff's long-term disability coverage under the Plan is reinstated and that the Plan shall treat plaintiff from 09/01/23 going forward as if her benefits had not been terminated. (Clemente Licea, O)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RUBY CHACKO,

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Plaintiff,

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No. 2:19-cv-01837-DAD-DB

v.

AMENDED JUDGMENT

AT&T UMBRELLA BENEFIT PLAN
NO. 3,
Defendant.

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On September 7, 2023, the court issued an order granting plaintiff’s motion for summary

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judgment and directing that judgment be entered in favor of plaintiff and against defendant in this

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action, and the Clerk of the Court entered judgment accordingly. (Doc. Nos. 129, 130.) In that

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order, the court provided that “[d]efendant shall pay plaintiff for past-due [long-term disability

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“LTD”)] benefits from September 16, 2018 through the date of entry of judgment, with continued

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LTD benefits under the Plan.” (Id. at 56.) The court further directed the parties to meet and

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confer to determine the amounts owed to plaintiff and to file a proposed amended judgment

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reflecting those amounts. (Id.)
On September 28, 2023, the parties filed a proposed amended judgment, in which the

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parties have agreed that defendant Plan owes plaintiff the following amounts:

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[T]he Plan shall pay retroactive long-term disability benefits to
Plaintiff in the total amount of $154,547.19. This amount covers
benefits payable to Plaintiff for the period of time from September
16, 2018 through August 31, 2023. . . .

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[T]he Plan shall also pay prejudgment interest to Plaintiff in the
amount of $6,630.07.

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(Doc. No. 135 at 2.) The parties further agreed that “[p]laintiff’s long-term disability coverage

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under the Plan is reinstated and that the Plan shall treat Plaintiff from September 1, 2023 going

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forward as if her benefits had not been terminated, subject to all plan terms and conditions as

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apply to her.” (Id.) Finally, the parties agreed that if they “are unable to resolve the issue of

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plaintiff’s entitlement to attorneys’ fees and costs, plaintiff shall have an additional 30 days from

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the date [of entry of this amended judgment] to file a motion for attorneys’ fees and costs.” (Id.)
Pursuant to the parties’ proposed amended judgment and the amounts reflected therein,

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the court hereby amends the judgment entered in this case on September 7, 2023 (Doc. No. 130)

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and orders as follows:
1.

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Judgment is hereby entered in favor of plaintiff and against defendant AT&T

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Umbrella Benefit Plan No. 3 (“the Plan”) in accordance with the court’s order filed

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on September 7, 2023, entitling plaintiff to payment of long-term disability

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benefits under the Plan;
2.

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The Plan shall pay retroactive long-term disability benefits to plaintiff in the total
amount of $154,547.19;

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a.

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This amount covers benefits payable to plaintiff for the period of
time from September 16, 2018 through August 31, 2023;

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3.

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The Plan shall also pay prejudgment interest to plaintiff in the amount of
$6,630.07;

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4.

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Plaintiff’s long-term disability coverage under the Plan is reinstated and that the

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Plan shall treat plaintiff from September 1, 2023 going forward as if her benefits

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had not been terminated, subject to all plan terms and conditions as apply to her;

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and

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5.

If the parties are unable to resolve the issue of plaintiff’s entitlement to attorneys’

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fees and costs, plaintiff shall file a motion for attorneys’ fees and costs by no later

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than thirty (30) days from the date of entry of this amended judgment.

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IT IS SO ORDERED.
Dated:

September 29, 2023
DALE A. DROZD
UNITED STATES DISTRICT JUDGE

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