Ashraf v. Loral Space Long Term Disability Plan et al

Filing 23

ORDER SUBSTITUTING PARTY (tf, COURT STAFF) (Filed on 11/16/2011)

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ADRIENNE C. PUBLICOVER (SBN: 161432)
Email:[e-mail]
LAURA E. FANNON (SBN: 111500)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street – 17th Floor
San Francisco, California 94105-2725
Telephone: [phone]
Facsimile:
[phone]

MICHELLE L. ROBERTS (SBN: 239092)
Email: [e-mail]
CASSIE SPRINGER-SULLIVAN (SBN:
221506)
SPRINGER-SULLIVAN & ROBERTS
LLP
410 – 12th Street, Suite 325
Oakland, CA 94607
Telephone: [phone]
Facsimile:
[phone]

Attorneys for Defendants LORAL SPACE
LONG TERM DISABILITY PLAN,
LIFE INSURANCE COMPANY OF
NORTH AMERICA, and for CIGNA
LIFE INSURANCE COMPANY OF
NEW YORK

Attorneys for Plaintiff,
MOHAMMAD ASHRAF

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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Mohammad Ashraf,

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Plaintiff,

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Loral Space Long Term Disability Plan;
Life Insurance Company of North America,
Defendants,
and
\\

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JOINT STIPULATION AND [PROPOSED]
ORDER SUBSTITUTING PARTY

vs.

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Case No. C11-03584 SI

Loral Space Insurance and Health Benefits
Plan,
Nominal Defendant

Hon. Susan Illston

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Plaintiff Mohammad Ashraf, Defendant Life Insurance Company of North America

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(“LINA”), and CIGNA Life Insurance Company of New York (“CLICNY”) (collectively referred

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to as the “Parties”) through their respective counsel stipulate as follows:

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WHEREAS, on July 21, 2011, Plaintiff filed his Complaint in the above-entitled action

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naming the LINA as a Defendant and alleging that the Loral Space Long Term Disability Plan

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(“the Plan”) was funded by a group insurance policy with LINA. Dkt. No. 1;

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Joint Stip. & P.O.
Re: Substitute Party
Case No. C11-03584 SI
769893.1

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WHEREAS, on October 3, 2011, LINA and the Plan answered Plaintiff’s Complaint and
admitted Plaintiff’s allegations with respect to LINA. Dkt. No. 10;
WHEREAS, upon further investigation by the Parties, they discovered that the Plan was

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funded by a group insurance policy with CLICNY rather than LINA, and that Plaintiff named the

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insurance company defendant in error;

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WHEREAS, CLICNY and LINA are insurance company subsidiaries of CIGNA
Corporation;
WHEREAS, both Parties stipulate and agree that CLICNY should be substituted as a
party in this action in place of LINA;
WHEREAS, CLICNY hereby acknowledges actual notice of this suit and subjects itself to
the jurisdiction of this court in this action.
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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1. Defendant Life Insurance Company of North America shall be dismissed from this

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action without prejudice.

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2. CIGNA Life Insurance Company of New York is substituted as a Defendant in

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place of LINA and subjects itself to the jurisdiction of this court in this action.

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Dated: November 10, 2011

SPRINGER-SULLIVAN & ROBERTS LLP

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By:

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Attorneys for Plaintiff Ashraf

/s/

Michelle L. Roberts

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Dated: November 10, 2011

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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By:

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Attorneys for Defendants Life Insurance Company
of North America, Loral Space Long Term
Disability Plan, and for CIGNA Life Insurance
Company of New York

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Joint Stip. & P.O.
Re: Substitute Party
Case No. C11-03584 SI
769893.1

/s/

Laura E. Fannon

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
1. Defendant Life Insurance Company of North America is hereby dismissed from this

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action without prejudice; and
2. CIGNA Life Insurance Company of New York is substituted as a party in this action in

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place of Life Insurance Company of North America.

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11/15/11

Dated:

Hon. Susan Illston
U.S. District Court Judge

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SIGNATURE ATTESTATION

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I, Michelle, L. Roberts, hereby attest that I have obtained the concurrence in the filing of
the document from the other signatures on this document.

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Dated: November 10, 2011

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Joint Stip. & P.O.
Re: Substitute Party
Case No. C11-03584 SI
769893.1

/s/ Michelle L. Roberts