O'Hartz v. California State Automobile Association Inter-Insurance Bureau Group Long Term Disability Plan

Filing 56

ORDER RE: ATTORNEYS' FEES AND COSTS AND PREJUDGMENT INTEREST. Signed by Judge Maxine M. Chesney on September 25, 2008. (mmclc2, COURT STAFF) (Filed on 9/25/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Thornton Davidson (SBN 166487) Thornton Davidson & Associates 2055 San Joaquin Street Fresno, California 93721 Telephone: (559) 256-9800 Facsimile: (559) 256-9791 Attorneys for Plaintiff SUSAN O'HARTZ C. Mark Humbert (SBN 111093) Horace W. Green (SBN 115699) GREEN & HUMBERT 220 Montgomery Street, Suite 438 San Francisco, California 94104 Telephone: (415) 837-5433 Facsimile: (415) 837-0127 Attorneys for Defendant CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU GROUP LONG TERM DISABILITY PLAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SUSAN O'HARTZ, ) ) Plaintiff, ) ) vs. ) ) CALIFORNIA STATE AUTOMOBILE ) ASSOCIATION INTER-INSURANCE ) BUREAU GROUP LONG-TERM ) DISABILITY PLAN, ) ) Defendant. ) ) __________________________________ ) Case No. C07-00415 MMC STIPULATION RE ATTORNEYS FEES AND COSTS AND PREJUDGMENT INTEREST; [PROPOSED] ORDER THEREON STIPULATION In light of the Judgment entered by this Court on September 11, 2008, counsel for plaintiff has submitted its fee and cost bill to counsel for defendant, which, after minor adjustments, defendant has approved in the total amount of $25,000.00. Said amount will be paid directly to counsel for plaintiff. The parties have also agreed on the interest rate to Stipulation Re Attorneys Fees and Costs - Case No. C 07-00415 MMC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be paid to plaintiff on the short term disability payments ordered by the Court pursuant to the terms of the defendant Plan, and, without admitting liability therefor, the Plan will pay to plaintiff interest on the calculated short term disability payment at an annual rate of ten percent (10%). Plaintiff will therefore not need to file her motions for attorneys fees and costs and prejudgment interest, by the deadline set forth in the Court's Judgment and under Local Rule 54-6 or at all. DATE: September 23, 2008 THORNTON DAVIDSON & ASSOCIATES By: /s/ Thornton Davidson THORNTON DAVIDSON Attorneys for Plaintiff SUSAN O'HARTZ DATE: September 23, 2008 GREEN & HUMBERT By: /s/ C. Mark Humbert C. MARK HUMBERT Attorneys for Defendant CALIFORNIA STATE AUTOMOBILE ASSOCIATION INTER-INSURANCE BUREAU GROUP LONG-TERM DISABILITY PLAN [PROPOSED] ORDER IT IS SO ORDERED. Because plaintiff and defendant have resolved by stipulation In light of the Court's ruling, plaintiff need not file a motion for fees, costs, or prejudgment the attorneys fee and cost and prejudgment interest issues, plaintiff will not need to file her interest. motions for fees and costs and for prejudgment interest. September 25, 2008 Dated: _____________________ ________________________________ MAXINE M. CHESNEY United States District Judge Stipulation Re Attorneys Fees and Costs Case No. C 07-00415 MMC 2

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