Bossier v. Charles Schwab Disability Plan et al

Filing 8

STIPULATION AND ORDER RE 5 DISMISSING DEFENDANT CHARLES SCHWAB DISABILITY PLAN. Signed by Judge Richard Seeborg on 5/27/10. (cl, COURT STAFF) (Filed on 5/27/2010)

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*E-Filed 5/27/10* 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation Redwood City PAMELA E. COGAN (SBN 105089) HANA A. HARDY (SBN 252871) ROPERS, MAJESKI, KOHN & BENTLEY 1001 Marshall Street, Suite 300 Redwood City, CA 94063-2052 Telephone: (650) 364-8200 Facsimile: (650) 780-1701 Attorneys for Defendant LIBERTY LIFE ASSURANCE COMPANY and CHARLES SCHWAB DISABILITY PLAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES BOSSIER, Plaintiff, v. CHARLES SCHWAB DISABILITY PLAN, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, Defendants. CASE NO. CV-10-0971 RS STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CHARLES SCHWAB DISABILITY PLAN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, this is an action arising under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. section 1132 (a)(1) and (3); WHEREAS, plaintiff JAMES BOSSIER named The Charles Schwab Disability Plan ("the Plan") as a defendant in this action; WHEREAS, the long-term disability portion of the Plan was insured under a group disability income policy issued by Liberty Life Assurance Company of Boston to Charles Schwab & Co., Inc., the sponsor of the Plan; WHEREAS, while Defendants deny liability in this action, Liberty Life agrees it will be liable for any judgment or settlement that may result from this action as if it were the Plan; IT IS HEREBY STIPULATED between the parties, by and through their respective counsel of record, that Liberty Life agrees not to object that the Plan is not longer a party. RC1/5587425.1/RS STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CHARLES SCHWAB DISABILITY PLAN 1 2 3 4 5 6 7 8 9 10 Ropers Majeski Kohn & Bentley 11 A Professional Corporation Redwood City IT IS FURTHER STIPULATED that the Plan is hereby dismissed from this action without prejudice, with each party to bear its own fees and costs as to the other only. IT IS SO STIPULATED. Dated: May 26, 2010 LAW OFFICES OF SAM WARE By:____________/s/_____________________ SAM WARE Attorney for Plaintiff JAMES BOSSIER Dated: May 26, 2010 ROPERS, MAJESKI, KOHN & BENTLEY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RC1/5587425.1/RS By: /s/ PAMELA E. COGAN HANA A. HARDY Attorneys for Defendants LIBERTY LIFE ASSURANCE COMPANY OF BOSTON and CHARLES SCHWAB DISABILITY PLAN ORDER PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that THE CHARLES SCHWAB DISABILITY PLAN shall be, and hereby is, dismissed from this action without prejudice, with each party to bear its own fees and costs as to the other only. IT IS SO ORDERED. May 27 Dated: __________, 2010 ____________________________________ Honorable Richard Seeborg Unites States District Court Judge -2- STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT CHARLES SCHWAB DISABILITY PLAN

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