Gonda v. Permanente Medical Group, Inc et al

Filing 21

STIPULATION AND ORDER Continuing Stay for Administrative Appeal. Signed by Judge Samuel Conti on 5/1/12. (tdm, COURT STAFF) (Filed on 5/1/2012)

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[Counsel listed on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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THOMAS A. GONDA, JR., M.D.,
an individual,

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vs.

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THE PERMANENTE MEDICAL GROUP,
INC. in its capacity as Plan Administrator;
THE PERMANENTE MEDICAL GROUP,
INC. LONG TERM DISABILITY PLAN
FOR PHYSICIANS,
Defendants.

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Case No. CV 11-01363 SC
STIPULATION ADVISING COURT OF
ARBITRATION RESOLUTION AND
CONTINUING STAY FOR ADMINISTRATIVE
APPEAL AND [Proposed]
ORDER

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Stipulation Advising Court of Arbitration
Resolution, etc. And Proposed Order

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Case No. CV 11-0163 SC

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The parties respectfully submit the following Stipulation and [Proposed]

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Order thereon: advising the Court of the arbitration resolution and requesting a further stay

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of proceedings in order for Plaintiff to complete, and defendants to consider, an

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administrative appeal of the termination of Dr. Gonda’s long term disability benefits.

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1.

This action arises from defendants’ decision to terminate payment of

disability insurance benefits to plaintiff Thomas A. Gonda, Jr., M.D., as of October 7, 2010.
2.

Plaintiff filed suit in this Court on March 22, 2011, seeking an order

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directing defendants to produce Dr. Gonda’s claim file and other documents and information and

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thereafter to allow him to complete an administrative appeal of the termination of long term

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disability benefits under the applicable ERISA regulation, 29 C.F.R. §2560.503-1.
3.

Plaintiff Dr. Gonda also initiated an arbitration proceeding against his

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former employer, The Permanente Medical Group, Inc. (“TPMG”) and the Kaiser Foundation

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Hospitals, seeking reinstatement of his employment and/or other relief. In this action, TPMG is

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sued (only) in its capacity as the Plan Administrator of the defendant ERISA Plan, which is

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known as The Permanente Medical Group, Inc. Long Term Disability Plan For Physicians (the

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“ERISA Plan”). Neither the ERISA Plan nor its insurer, Life Insurance Company of North

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America (“LINA”), was a party to the arbitration. However, the interests of the ERISA Plan and

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LINA were potentially affected by the outcome of the arbitration.

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4.

On September 8, 2011, at plaintiff’s request and without objection by

defendants, the Court stayed this action pending final resolution of the arbitration proceedings.
5.

According to plaintiff, the arbitration proceedings have been concluded by

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a confidential settlement and that settlement has been consummated. Defendants have agreed

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that they will permit Dr. Gonda to complete an administrative appeal of the termination of his

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disability benefits before further proceedings in this Court. Defendants have stated and represent

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that they have produced to plaintiff complete copies of any and all documents and information to

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which he is entitled under ERISA and its implementing federal regulations.

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Stipulation Advising Court of Arbitration
Resolution, etc. And Proposed Order

Page 2 of 5

Case No. CV 11-0163 SC

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6.

Plaintiff has agreed to submit his administrative appeal to LINA within

sixty (60) days of entry of the below Order.
7.

The parties further agree to an additional stay of this litigation for one

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hundred and twenty (120) days in order to allow a determination to be made on Plaintiff’s

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administrative appeal.

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8.

This stipulation is a matter of agreement between the parties and

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Defendants do not agree that Plaintiff shall be deemed a prevailing party in this action based on

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this stipulation and agreement.

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Respectfully submitted,
Dated: April 19, 2012

JULIAN M. BAUM & ASSOCIATES

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/s/ by Julian M. Baum
by________________________
Julian M. Baum (CA Bar No. 130892)
Lisa A. Lawrence (CA Bar No. 132310)
JULIAN M. BAUM & ASSOCIATES
9 Tenaya Lane
Novato, California 94947
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

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Attorneys for Plaintiff,
THOMAS A. GONDA, JR., M.D.

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Dated: April 19, 2012

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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By:

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Stipulation Advising Court of Arbitration
Resolution, etc. And Proposed Order

/s/ by Charan M. Higbee
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Adrienne C. Publicover (SB No. 161432)
Charan M. Higbee (SB No. 148293)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street – 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]

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Case No. CV 11-0163 SC

Facsimile: [phone]
Email: [e-mail]

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Attorneys For Defendants,
THE PERMANENTE MEDICAL GROUP,
INC. In Its Capacity As Plan Administrator;
THE PERMANENTE MEDICAL GROUP,
INC. LONG TERM DISABILITY
PLAN FOR PHYSICIANS

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[PROPOSED ORDER SET FORTH ON NEXT PAGE]

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DECLARATION RE CONCURRENCE OF SIGNATORIES
UNITED STATES DISTRICT COURT, N.D. CAL.
GENERAL ORDER 45
The undersigned ECF filer hereby attests that concurrence in the filing of the
foregoing document has been obtained from each of the other signatories whose signature
is indicated by the notation “ /s/ [name of signatory].”
I declare under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.
Dated: April 27, 2012
/s/ Julian M. Baum
Julian M. Baum

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Stipulation Advising Court of Arbitration
Resolution, etc. And Proposed Order

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Case No. CV 11-0163 SC

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[Proposed]

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ORDER

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The parties having stipulated as set forth above, IT IS ORDERED as follows:
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the date of entry of this Order;
2.

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The Court’s stay of this action is continued for one hundred and twenty (120) days from

Plaintiff shall submit to defendants his administrative appeal of the termination of his
disability benefits within sixty (60) days of entry of this Order; and

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Defendants shall perform a full and fair review of plaintiff’s appeal in accordance with

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the applicable provisions of the Employee Retirement Income Security Act of 1974

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(“ERISA”), 29 U.S.C. §§1001 et seq., and its implementing federal regulations.

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S

R NIA

NO

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ERED
___________________________
O ORD
IT IS S
SAMUEL CONTI
UNITED STATES DISTRICT JUDGE
Conti
amuel

Judge S

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H

ER

LI

RT

FO

Dated: April ____, 2012

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A

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May 1, 2012

ISTRIC
ES D
TC
AT
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RT
U
O

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IT IS SO ORDERED.
UNIT
ED

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N

F
D IS T IC T O
R

C

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Stipulation Advising Court of Arbitration
Resolution, etc. And Proposed Order

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Case No. CV 11-0163 SC