Bender v. Hartford Life Insurance Company as Administrator and Fiduciary of the Bertelsmann, Inc. et al

Filing 8

ORDER APPROVING STIPULATION RE DISMISSAL OF PLAINTIFF'S SECOND AND THIRD CLAIMS FOR RELIEF WITH PREJUDICE. Plaintiff's second and third claims for relief are dismissed with prejudice. Hartford's motion to dismiss is taken off calendar as moot. Hartford shall file an answer within ten days of the date of this order. Signed by Judge Maxine M. Chesney on May 18, 2009. (mmclc2, COURT STAFF) (Filed on 5/18/2009)

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
SF/1599114v1

SEDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 DENNIS G. ROLSTAD Bar No. 150006 ERIN A. CORNELL Bar No. 227135 One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, erroneously sued herein as HARTFORD LIFE INSURANCE COMPANY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PENNY BENDER, Plaintiff, v. HARTFORD LIFE INSURANCE COMPANY as Administrator and Fiduciary of the Bertelsmann, Inc., Employee Protection Plan Number 503; THE BERTELSMANN, INC., EMPLOYEE PROTECTION PLAN NUMBER 503, Defendants. CASE NO. C 09-01163 MMC STIPULATION AND [PROPOSED] ORDER RE DISMISSAL OF PLAINTIFF'S SECOND AND THIRD CLAIMS FOR RELIEF WITH PREJUDICE

IT IS HEREBY STIPULATED AND AGREED by and between plaintiff Penny Bender and defendant Hartford Life And Accident Insurance Company ("Hartford'), by and through their respective attorneys of record herein, that plaintiff's second claim for relief under ERISA Section 502(a)(3) for breach of fiduciary duty, and plaintiff's third claim for relief for statutory penalties under ERISA Section 502(c), are to be DISMISSED from the complaint as against all named defendants, with PREJUDICE. The parties ask that Hartford's Motion to Dismiss (Docket no. 4) be taken off calendar upon issuance of this Order as the motion will be moot. Hartford will file an answer to plaintiff's first claim for relief within ten days of the Court's issuance of this Order. The parties note that Defendant The Bertelsmann, Inc. Employee
-1CASE NO. C 09-01163 MMC

STIPULATION RE DISMISSAL OF PLAINTIFF'S SECOND AND THIRD CLAIMS FOR RELIEF WITH PREJUDICE

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
SF/1599114v1

Protection Plan Number 503 is to file an answer to plaintiff's first claim for relief on or before June 15, 2009 in accordance with the returned waiver of service. IT IS SO STIPULATED. DATED: May 15, 2009 ROBOOSTOFF & KALKIN

By: s/Scott Kalkin Scott Kalkin Attorneys for Plaintiff PENNY BENDER DATED: May 15, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP

By: s/Dennis G. Rolstad Dennis G. Rolstad Erin A. Cornell Attorneys for Defendant HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, erroneously sued herein as HARTFORD LIFE INSURANCE COMPANY I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document. s/Dennis G. Rolstad Dennis G. Rolstad IT IS SO ORDERED that plaintiff's second and third claims for relief are DISMISSED from the complaint as against all named defendants, with PREJUDICE, that Hartford's motion to dismiss (Docket no. 4) is taken off calendar as moot, and that defendant Hartford will file its answer to plaintiff's first claim for relief within ten days of the issuance of this Order.

May 18 DATED: ________________, 2009

HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

-2-

CASE NO. C 09-01163 MMC

STIPULATION RE DISMISSAL OF PLAINTIFF'S SECOND AND THIRD CLAIMS FOR RELIEF WITH PREJUDICE