Maurer v. Reliance Standard Life Insurance Company et al

Filing 19

STIPULATION AND ORDER RE: AMENDING THE PLEADINGS; SETTING DEADLINE TO FILE AMENDED COMPLAINT. Plaintiff's Amended Complaint shall be filed on or before December 19, 2008. Signed by Judge Maxine M. Chesney on November 26, 2008. (mmclc2, COURT STAFF) (Filed on 11/26/2008)

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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 Arnold R. Levinson (SBN 66583) Terrence J. Coleman (SBN 172183) Rebecca Grey (SBN 194940) Joel P. Welty (SBN 226728) PILLSBURY & LEVINSON, LLP The Transamerica Pyramid 600 Montgomery St., 31st Floor San Francisco, CA 94111 Telephone: (415) 433-8000 Facsimile: (415) 433-4816 Attorneys for Plaintiff SARA G. MAURER Horace W. Green (SBN 115699) C. Mark Humbert (SBN 111093) GREEN & HUMBERT 220 Montgomery Street, Suite 438 San Francisco, California 94104 Telephone: (415) 837-5433 Facsimile: (415) 837-0127 Attorneys for Defendants RELIANCE STANDARD LIFE INSURANCE CO. and MICHAEL S. BOWLES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SARA G. MAURER, ) ) Plaintiff, ) ) v. ) ) RELIANCE STANDARD LIFE ) INSURANCE COMPANY; MICHAEL S. ) BOWLES; and DOES 1 through 20, ) ) Defendants. ) ) Case No. C-08-04109 MMC STIPULATION AND [PROPOSED] ORDER RE: AMENDING THE PLEADINGS ; SETTING DEADLINE TO FILE AMENDED COMPLAINT Plaintiff Sara G. Maurer ("Plaintiff") originally filed this Action in the Superior Court of the State of California for the County of Marin, alleging state law causes of action for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, breach of fiduciary duty, and professional -1Stipulation and [proposed] Order Amending the Pleadings - Case No. C-08-04109 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 negligence. Defendants Reliance Standard Life Insurance Company and Michael S. Bowles ("Defendants") removed this Action to the District Court for the Northern District of California, and answered the Complaint, alleging inter alia that Plaintiff's state law claims are preempted by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq. In order to facilitate further prosecution of this Action, the parties hereby stipulate that the pleadings may be amended as follows: 1. Plaintiff's Complaint on file herein may be deemed to allege claims for relief as provided under 29 U.S.C. 1132 (a)(1)(B) and (a)(3), including claims for ERISA benefits, attorney's fees, and other appropriate equitable relief. 2. Defendants' Answer on file herein may be deemed to dispute all material allegations of the Complaint; to dispute that Plaintiff's Complaint states a viable claim for relief under 29 U.S.C. 1132 (a)(1)(B) and/or (a)(3); and to dispute that Plaintiff is entitled to any relief or recovery in this Action. 3. Michael S. Bowles is hereby dismissed with prejudice as a defendant in this Action. 4. The Law Offices of Sara G. Maurer Long Term Disability Plan is hereby added as a Defendant with respect to Plaintiff's claim for ERISA benefits. DATED: November 25, 2008 PILLSBURY & LEVINSON By: _/s/ Rebecca Grey _______ Rebecca Grey Attorneys for Plaintiff SARA G. MAURER DATED: November 25, 2008 GREEN & HUMBERT By: _/s/ Horace W. Green______ Horace W. Green Attorneys for Defendants RELIANCE STANDARD LIFE INSURANCE CO. and MICHAEL S. BOWLES -2Stipulation and [proposed] Order Amending Pleadings - Case No. CV-08-04109 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 Dated: November 26, 2008 ORDER Having reviewed the Stipulation of the parties, and good cause appearing, the Court hereby ORDERS as follows: 1. amended Plaintiff's Complaint on file herein may be deemed to allege claims for relief as provided under 29 U.S.C. 1132 (a)(1)(B) and (a)(3), including claims for ERISA benefits, attorney's fees, and other appropriate equitable relief. 2. Defendants' Answer on file herein may be deemed to dispute all material Amended allegations of the Complaint; to dispute that Plaintiff's Complaint states a viable ^ claim for relief under 29 U.S.C. 1132 (a)(1)(B) and/or (a)(3); and to dispute that Plaintiff is entitled to any relief or recovery in this Action. 3. Michael S. Bowles is hereby dismissed with prejudice as a defendant in may be The Law Offices of Sara G. Maurer Long Term Disability Plan is hereby this Action. 4. added as a Defendant with respect to Plaintiff's claim for ERISA benefits. 5. Plaintiff's Amended Complaint shall be filed on or before December 19, 2008. ____________________________ Maxine M. Chesney United States District Court Judge -3Stipulation and [proposed] Order Amending Pleadings - Case No. CV-08-04109 MMC

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