Eisner v. The Prudential Insurance Company of America et al

Filing 18

ORDER granting 16 STIPULATION Dismissing Certain Parties and Claims. Signed by Judge JEFFREY S. WHITE on 6/15/12. (jjoS, COURT STAFF) (Filed on 6/18/2012)

Case3:12-cv-01238-JSW Document16 Filed06/14/12 Page1 of 3

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JULIAN M. BAUM (CA SB NO. 130892)
LISA A. LAWRENCE (CA SB NO. 132310)
JULIAN M. BAUM & ASSOCIATES
Nine Tenaya Lane
Novato, California 94947
Telephone: [phone]
Facsimile: [phone]
Electronic mail: [e-mail]
[e-mail]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DEBRA J. EISNER,

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Plaintiff,

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v.
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THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA; SURGICAL
CARE AFFILIATES LONG TERM
DISABILITY PLAN; SURGICAL CARE
AFFILIATES, in its capacity as Plan
Administrator,
Defendants.

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Case No. CV12-1238 JSW
STIPULATION AND [Proposed]
ORDER DISMISSING CERTAIN PARTIES
AND CLAIMS

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STIPULATION AND [PROPOSED] ORDER
DISMISSING CERTAIN PARTIES AND CLAIMS

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CASE NO. 12-CV-01238 JSW

Case3:12-cv-01238-JSW Document16 Filed06/14/12 Page2 of 3

The parties hereby stipulate and respectfully request that the Court order as follows.

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1.

Employee Retirement Security Act of 1974, 29 U.S.C. §§ 1001 et seq. (“ERISA).

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2.

Defendants sued herein are the Surgical Care Affiliates Long Term Disability Plan (the
“Plan”), The Prudential Insurance Company of America (“Prudential,” which is the Plan

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insurer), and Surgical Care Affiliates, in its capacity as Plan Administrator of the Plan.

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Plaintiff has brought this action for disability benefits and related relief under the

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Prudential stipulates and agrees that it is properly subject to plaintiff’s first claim for
relief under ERISA, and that it will pay any judgment and comply with any orders of this

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Court and any Court with appellate jurisdiction of this action, to the same extent that such
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judgment or orders could otherwise be entered or issued as to any or all of the defendants.
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Prudential stipulates and agrees that for purposes of this action (only), it may be deemed

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the Plan Administrator of the Plan and subject to such claims and judicial relief as might

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otherwise be ordered against the Plan Administrator and/or the Plan, including but not

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limited to plaintiff’s claim for recovery of her attorneys’ fees and expenses under ERISA.
4.

Plaintiff stipulates and hereby agrees that the following parties and claims shall be

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dismissed:

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a.

Defendant Surgical Care Affiliates: all claims in their entirety;

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b.

Defendant Surgical Care Affiliates Long Term Disability Plan: all claims in their
entirety;

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c.

Defendant Prudential: second and third claims for relief.

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Dated: June 11, 2012

JULIAN M. BAUM & ASSOCIATES

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By: /s/ by Julian M. Baum

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JULIAN M. BAUM
Attorneys for Plaintiff

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Respectfully submitted,

[signatures continued and [Proposed] Order on following page]

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STIPULATION AND [PROPOSED] ORDER
DISMISSING CERTAIN PARTIES AND CLAIMS

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CASE NO. 12-CV-01238 JSW

Case3:12-cv-01238-JSW Document16 Filed06/14/12 Page3 of 3

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Dated: June 14, 2012

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Linda M. Lawson
Cindy Mekari
MESERVE, MUMPER & HUGHES LLP

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By: /s/ Linda M. Lawson
Linda M. Lawson
Attorneys for Defendant
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

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ORDER

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The parties having stipulated as set forth above, IT IS SO ORDERED.

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Dated: June 15
____, 2012

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____________________________________
JEFFREY S. WHITE

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UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
DISMISSING CERTAIN PARTIES AND CLAIMS

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CASE NO. 12-CV-01238 JSW