Williams v. Prudential Insurance Company of America, The

Filing 44

ORDER re: amended answer and counterclaim (tf, COURT STAFF) (Filed on 10/30/2009)

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Case3:08-cv-04170-SI Document43 Filed10/29/09 Page1 of 5 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 Julian M. Baum (130892) Lisa A. Lawrence JMB@JMBLawGroup.Com LAL@JMBLawGroup.Com JULIAN M. BAUM & ASSOCIATES 9 Tenaya Lane Novato, California 94947 Telephone: (415) 892-3152 Facsimile: (888) 452-38493 Attorneys for Plaintiff Cora J. Williams Robert J. McKennon (123176), rmckennon@bargerwolen.com Scott E. Calvert (210787) scalvert@bargerwolen.com BARGER & WOLEN LLP 19800 MacArthur Boulevard, 8th Floor Irvine, California 92612 Telephone: (949) 757-2800 Facsimile: (949) 752-6313 Attorneys for Defendant The Prudential Insurance Company of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO CORA J. WILLIAMS, Plaintiffs, vs. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, and DOES 1 50, inclusive, Defendants. Case No.: 08-CV-04170 SI Action Filed : May 31, 2008 STIPULATION ALLOWING D E F E N D A N T TO FILE AMENDED ANSWER AND COUNTERCLAIM; [ P R O P O S E D ] ORDER jmb macbook drive:users:jmb:desktop:stip re amendment.doc - Case No.: 08-CV-04170 SI STIPULATION ALLOWING DEFENDANT TO FILE AMENDED ANSWER AND COUNTERCLAIM Case3:08-cv-04170-SI Document43 Filed10/29/09 Page2 of 5 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 TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA: Plaintiff Cora J. Williams ("Plaintiff") and Defendant The Prudential Insurance Company of America ("Prudential"), hereby stipulate and respectfully request that the Court order as follows. 1. Prudential filed a Motion for Leave to Amend Answer to Include a Counterclaim dated October 15, 2009. By that Motion, Prudential seeks leave to amend its Answer to add a Counterclaim seeking reimbursement of benefits paid by Prudential to Williams prior to her award of Social Security Disability Benefits, in accordance with Prudential's assertion of a "Reimbursement Agreement" and the terms of its insurance policy. Prudential seeks reimbursement in the amount of $18,843.72 plus interest, and other relief. Plaintiff does not oppose the granting of such leave to amend, subject to the conditions set forth below. 2. Plaintiff wishes to amend her Complaint to include a prayer for recovery of punitive damages under applicable law. Prudential opposes any such amendment. 3. Accordingly, the parties hereby stipulate, and respectfully request that the Court order as follows: a. Prudential may file an Amended Answer and Counterclaim, in the form submitted to the Court with its Motion dated October 15, 2009; -1- Case No.: 08-CV-04170 SI STIPULATION ALLOWING DEFENDANT TO FILE AMENDED ANSWER AND COUNTERCLAIM Case3:08-cv-04170-SI Document43 Filed10/29/09 Page3 of 5 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 /// /// b. Plaintiff may, within 45 days of this Order, seek leave of Court to Amend the Complaint to include a prayer for recovery of punitive damages under applicable law. Prudential shall not oppose Plaintiff's application for leave to amend on the grounds that the motion is time-barred by the Court's Case Management orders previously entered in this action. Nothing contained in this Stipulation shall be deemed to waive Prudential's right to oppose the motion for leave to amend on any other grounds, including, without limitation that adding a claim for punitive damages at this stage of the litigation is prejudicial. c. Nothing in this Stipulation and Order shall be deemed to be the Court's approval of the merits of Prudential's proposed Amended Answer and Counterclaim; nor shall anything in this Stipulation and Order be deemed a waiver by plaintiff of any objection or defense to the allegations of said Amended Answer and Counterclaim. IT IS SO STIPULATED. Dated: October 29, 2009 JU L I A N M . BA U M & A SSOCIATES By: /s/ Julian M. Baum JULIAN M. BAUM Attorneys for Plaintiff Cora J. Williams -2- Case No.: 08-CV-04170 SI STIPULATION ALLOWING DEFENDANT TO FILE AMENDED ANSWER AND COUNTERCLAIM Case3:08-cv-04170-SI Document43 Filed10/29/09 Page4 of 5 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: October 29, 2009 BARGER & WOLEN LLP By: /s/ Robert J. McKennon ROBERT J. McKENNON SCOTT E. CALVERT Attorneys for Defendant The Prudential Insurance Company of America -3- Case No.: 08-CV-04170 SI STIPULATION ALLOWING DEFENDANT TO FILE AMENDED ANSWER AND COUNTERCLAIM Case3:08-cv-04170-SI Document43 Filed10/29/09 Page5 of 5 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: _________ IT IS SO ORDERED ORDER The parties having stipulated as set forth above, and for good cause shown, THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE -0ORDER Case No.: 08-CV-04170 SI

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