Pomerantz v. The life Insurance Company of North America

Filing 10

STIPULATION AND ORDER FOR THE SUBSTITUTION OF PARTIES. Signed by Judge Joseph C. Spero on 4/6/11. (klh, COURT STAFF) (Filed on 4/7/2011)

Pomerantz v. Foote, Cone & Belding Communications, Inc. Group Long Term Disability Plan

Doc. 10

Case3:11-cv-00652-JCS Document8

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THORNTON DAVIDSON, #166487 ERISA Law Group 2055 San Joaquin Street Fresno, California 93721-2717 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Plaintiff, ALAN POMERANTZ SEAN P. NALTY (SBN #121253) WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorney for Proposed Defendant, LIFE INSURANCE OF NORTH AMERICA MICHAEL ROBERT MARRA #2771053 Associate General Counsel THE INTERPUBLIC GROUP OF COMPANIES, INC. 1114 Avenue of the Americas, 19th Fl. New York, NY 10036 Telephone: [phone] Facsimile: [phone] Attorney for Defendant, FOOTE, CONE & BELDING COMMUNICATIONS, INC., GROUP LONG TERM DISABILITY PLAN

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) . Case No: CV11-0652 STIPULATION AND ORDER FOR THE SUBSTITUTION OF PARTIES

ALAN POMERANTZ, 24 25 26 27 28 Plaintiff, v. FOOTE, CONE & BELDING COMMUNICATIONS, INC., GROUP LONG TERM DISABILITY PLAN, Defendant.

Dockets.Justia.com

Case3:11-cv-00652-JCS Document8

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In connection with the above-captioned action, and pursuant to Federal Rule of Civil Procedure 41(a)(1(A)(ii), IT IS HEREBY STIPULATED by and between Plaintiff ALAN POMERANTZ ("POMERANTZ"), Defendant FOOTE, CONE & BELDING COMMUNICATIONS, INC., GROUP LONG TERM DISABILITY PLAN ("THE PLAN") and third party The Life Insurance Company of North America ("LINA") that: (1) in this action; (2) Defendant THE PLAN be dismissed without prejudice as a defendant in this LINA be substituted for the THE PLAN as named defendant

(3)

In addition, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i),

POMERANTZ hereby notices the voluntary dismissal without prejudice of this action against defendant THE PLAN (as of the filing of this stipulation, the FOOTE, CONE & BELDING COMMUNICATIONS, INC., GROUP LONG TERM DISABILITY PLAN has not served an answer or any motion pursuant to Rule 12 or Rule 56 in this action); (4) The date LINA has executed this stipulation shall be the date of service on LINA

of the Complaint in this action, filed February 11, 2011, and the time for LINA's response to the Complaint shall be governed by the Federal Rules of Civil Procedure; 17 (5) 18 19 20 21 22 23 24 25 26 27 28 // // // // // In consideration for this stipulation, and for purposes of this action only, LINA acknowledges and agrees that it will be responsible for any judgment relating to disability benefits under the THE PLAN, and attorneys' fees, if awarded, as they relate to POMERANTZ based on the allegations made in the Complaint against the THE PLAN in this action. (6) Each of the parties will bear its and her own attorneys' fees and costs associated

with the dismissal of the THE PLAN herein; and (7) The caption of this action be modified accordingly.

Case3:11-cv-00652-JCS Document8

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IT IS SO STIPULATED.

Dated: April 5, 2011

THE ERISA LAW GROUP, LLP

/s/ Thornton Davidson THORNTON DAVIDSON Attorney for Plaintiff, ALAN POMERANTZ

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Date: April 5, 2011

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

_ /s/ Sean P. Nalty SEAN P. NALTY Attorney for Proposed Defendants LIFE INSURANCE OF NORTH AMERICA Date:_April 5, 2011 THE INTERPUBLIC GROUP OF COMPANIES, INC.

/s/ Michael Robert Marra MICHAEL ROBERT MARRA Attorney for Defendant, FOOTE, CONE & BELDING COMMUNICATIONS, INC., GROUP LONG TERM DISABILITY PLAN
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_______________________________________ Spero sep C. HONORABLEh JOSEPH C. SPARO Judge Jo Spero
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04/06/11 Dated: _________________

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IT IS SO ORDERED.

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