Smith v. Hartford Life and Accident Insurance Company

Filing 49

ORDER directing the parties to file a proposed judgment. The court DIRECTS the parties to meet and confer and to file, within 14 days from the date of this order, a proposed final judgment that conforms to the court's Findings of Fact and Conclusions of Law. Signed by Magistrate Judge Laurel Beeler on 3/5/2013. (lblc2, COURT STAFF) (Filed on 3/5/2013)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

Northern District of California

10

San Francisco Division
LORI SMITH,

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

No. C 11-03495 LB
Plaintiff,

v.

ORDER DIRECTING THE PARTIES
TO FILE A PROPOSED JUDGMENT

13
HARTFORD LIFE & ACCIDENT,
14
15
16

Defendant.
_____________________________________/
Plaintiff Lori Smith brought this action under the Employee Retirement Income Security Act

17

(“ERISA”), 29 U.S.C. §§ 1001-1461, against defendant Hartford Life and Accident Insurance

18

Company (“Hartford”) seeking reinstatement of her life insurance waiver of premium benefit.

19

Complaint, ECF No. 1 at 14.1 On January 28, 2012, the court held a one-day “bench trial on the

20

record.” in this case. See Kearney v. Standard Ins. Co., 175 F.3d 1084, 1095 (9th Cir. 1999).

21

After considering the administrative record, the parties’ trial briefs, and the arguments that the

22

parties made during the bench trial, the court concluded on January 30, 2013 that Hartford abused its

23

discretion when it terminated Ms. Smith’s waiver of life insurance premium benefit and ordered

24

Hartford to reinstate it retroactively to March 31, 2010. See Findings of Fact and Conclusions of

25

Law, ECF No. 47. The court also directed the parties to meet and confer regarding any reasonable

26
27
1

28

Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
C 11-03495 LB
ORDER

1

attorney’s fees and costs that should be awarded. Id. at 37. On March 1, 2013, the parties notified

2

the court that they reached an agreement regarding attorney’s fees and costs. Notice, ECF No. 48 at

3

1.

4

With this in mind, the court now DIRECTS the parties to meet and confer and to file, within 14

5

days from the date of this order, a proposed final judgment that conforms to the court’s Findings of

6

Fact and Conclusions of Law.

7

IT IS SO ORDERED.

8

Dated: March 5, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

9
10

12
For the Northern District of California

UNITED STATES DISTRICT COURT

11

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
C 11-03495 LB
ORDER

2