Mazur v. Pacific Telesis Group Comprehensive Disability Benefits Plan et al

Filing 142

ORDER RE 139 Stipulation and Clarifying Order Denying Cross-Motions for Summary Judgment. Signed by Judge Jeffrey S. White on May 7, 2009. (jswlc3, COURT STAFF) (Filed on 5/8/2009)

1 2 3 4 5 6 7 8 9 10 PAUL MAZUR, Plaintiff, v. PACIFIC TELESIS GROUP COMPREHENSIVE DISABILITY BENEFITS PLAN, et al., Defendants. / ORDER CLARIFYING ORDER DENYING CROSS-MOTIONS FOR SUMMARY JUDGMENT No. C 07-01904 JSW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

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Pursuant to the parties' stipulated request, the Court clarifies its Order denying the parties cross-motions for summary judgment as follows: The Court determined that there was a question of fact regarding whether Plaintiff was disabled under the definition for short term disability after July 2, 2006. Defendants denied Plaintiff's long term disability on the grounds that he did not receive short term disability for enough weeks to qualify for long term disability benefits. Therefore, if the Court determines that Plaintiff was disabled under the definition for short term disability for the requisite number of weeks, the issue of whether Plaintiff was disabled under the definition for long term disability becomes an open question. In their trial briefs, the parties shall address whether the Court should determine if Plaintiff's condition /// /// /// ///

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satisfies the definition of long term disability in the first instance or whether the Court should remand this issue to be considered by Sedwick. IT IS SO ORDERED.

Dated: May 7, 2009

JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

United States District Court

11
For the Northern District of California

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