Duncanson v. Royal & Sunalliance Group Life Insurance Policy

Filing 66

ORDER OF DISMISSAL Per 65 Status Report. Signed by Judge Jeffrey S. White on August 10, 2012. (jswlc3, COURT STAFF) (Filed on 8/10/2012)

Case3:10-cv-02898-JSW Document65 Filed08/10/12 Page1 of 2
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SEAN NALTY, ESQ. (SBN 121253)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Real Party In Interest
LIFE INSURANCE COMPANY OF
NORTH AMERICA

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Laurence F. Padway, (SBN:89314)
Law Offices of Laurence F. Padway
1516 Oak Street, Suite 109
Alameda, California 94501
Telephone: [phone]
Facsimile : [phone]

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Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEBRA DUNCANSON,
Plaintiff,

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v.

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3:10-cv-02898-JSW

JOINT STATUS REPORT
Honorable Jeffrey S. White

ROYAL & SUNALLIANCE GROUP LIFE
INSURANCE POLICY,

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Case No.:

Defendant,

Action Filed :

June 30, 2010

AND ORDER OF DISMISSAL

LIFE INSURANCE COMPANY OF NORTH
AMERICA,
Real Party In Interest.

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TO THE HONORABLE JUDGE OF THE COURT:

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Plaintiff, Debra Duncanson, (“Plaintiff”) and Defendant, Royal & SunAlliance (“Defendant”),

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erroneously sued herein as Royal & SunAlliance Group Life Insurance Policy, and Real Party in

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USDC NDCA Case # 10-cv-02892-JSW
916419.1

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Interest, Life Insurance Company of North America (“LINA”), submit this Joint Report of Counsel in

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accordance with the Court’s Order of July 31, 2012.

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Plaintiff Debra Duncanson has been placed on waiver of premium under the applicable

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employee welfare benefit plan (“the Plan”) consistent with the Court’s order in this matter. She also

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has been refunded premium payments she made under an individual life insurance policy. Her claim

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for interest on the refunded premium payments has been paid. Finally, her claim for attorney’s fees

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and cost has been settled between the parties with a payment of attorneys fees and costs to Mr.

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Padway.

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Accordingly, the parties hereby stipulate that this matter has been concluded as all of the

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activities necessary to resolve all issues in this matter have been completed. This matter may be

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dismissed with prejudice.

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DATED: August 9, 2012

/s/ Laurence F. Padway_____________
Laurence F. Padway
Law Offices of Laurence F. Padway
Attorneys for plaintiff

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DATED: August 9, 2012

/s/__Sean P. Nalty

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Sean P. Nalty
Wilson, Elser, Moskowitz, Edelman &
Dicker, LLP
Attorneys for Defendants & Real Party in Interest
Pursuant to the parties stipulation set forth herein, the Court DISMISSES this
case with prejudice.
August 10, 2012

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USDC NDCA Case # 10-cv-02892-JSW
916419.1