Eisner v. The Prudential Insurance Company of America et al

Filing 73

STIPULATION AND ORDER re 72 STIPULATION WITH PROPOSED ORDER JOINT REPORT AND STIPULATION AND [PROPOSED] ORDER filed by Debra J. Eisner. Signed by Judge Jon S. Tigar on April 28, 2014. (wsn, COURT STAFF) (Filed on 4/28/2014)

1 Linda M. Lawson (Bar No. 77130)
[e-mail]

2 Cindy Mekari (Bar No. 272465)
[e-mail]

3 MESERVE, MUMPER & HUGHES LLPs
800 Wilshire Boulevard, Suite 500

4 Los Angeles, California 90017-2611
Telephone: [phone]

5 Facsimile: [phone]
6 Attorneys for Defendant

THE PRUDENTIAL INSURANCE COMPANY OF

7 AMERICA
8 JULIAN M. BAUM (Bar No. 130892)
[e-mail]

9 LISA A. LAWRENCE (Bar No. 132310)
10 JULIAN M. BAUM & ASSOCIATES

9 Tenaya Lane, Novato, California 94947

11 Telephone: [phone] Facsimile: [phone]
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Attorneys for Plaintiff
13 DEBRA J. EISNER

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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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vs.
THE PRUDENTIAL INSURANCE

21 COMPANY OF AMERICA; SURGICAL
CARE AFFILIATES LONG TERM

22 DISABILITY PLAN; SURGICAL CARE
AFFILIATES, in its capacity as Plan

23 Administrator,
Defendant.

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Case No. CV12-1238 JST
JOINT REPORT AND
STIPULATION AND [proposed]
ORDER

This is an action for disability insurance benefits and related relief under the

Employee Retirement Income Security Act of 1974 (“ERISA”).

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Case No. CV12-1238 JST
Joint Report and Stipulation and
[proposed] Order

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2.

By Judgment dated March 12, 2014, the Court ruled that Plaintiff Debra

2 Eisner was entitled to recover her disability insurance benefits for the period from
3 September 11, 2010 to September 10, 2012 and remanded plaintiff’s claim for benefits to
4 the Plan and its claims administrator for determination, within 90 days of the Court’s
5 January 22, 2014 Order of benefits due, if any for the period after September 10, 2012.
6 Docket No. 71.
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3.

The Court’s Judgment directed the parties to file by April 30, 2014 a Joint

8 Report informing the Court whether the matter has been resolved; to meet and confer
9 regarding the amount, if any of plaintiff’s recovery of reasonable attorneys’ fees and costs;
10 and to submit, by April 30, 2014, an appropriate proposed order for the Court’s
11 consideration or, if the parties are unable to agree upon a proposed order, Plaintiff’s motion
12 for recovery of reasonable attorneys’ fees and bill of costs under Fed. R. Civ. P. 54 and
13 Civil Local Rule 54. Docket No. 71.
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4.

The parties have engaged in meaningful settlement discussions regarding the

15 unresolved issues, and continue to do so. The parties respectfully request that the Court
16 extend the deadlines set forth in the Court’s judgment and described in the preceding
17 paragraph. A proposed Order is set forth below, and respectfully submitted for the Court’s
18 consideration.
19 Dated: April 24, 2014

Respectfully submitted,

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MESERVE, MUMPER & HUGHES LLP

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By:

/S/ Cindy Mekari
Cindy Mekari
Attorneys for Defendant
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

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Dated: April 24, 2014

JULIAN M. BAUM & ASSOCIATES
By:

/S/ Julian M. Baum
Julian M. Baum
Attorneys for Plaintiff
DEBRA J. EISNER

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Case No. CV12-1238 JST
Joint Report and Stipulation and
[proposed] Order

[proposed] ORDER

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

4 FOLLOWS:
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The parties shall file, by July 25, 2014, a joint report to the Court stating

6 whether the matter has been resolved. If the parties’ report states that the matter has
7 been resolved, the Clerk shall be directed to close the Court’s file. Otherwise, the
8 Clerk shall schedule a Case Management Conference.
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The parties shall meet and confer regarding the amount, if any, of Plaintiff’s

10 recovery of reasonable attorneys’ fees and costs and shall submit, by July 25, 2014,
11 an appropriate order for the Court’s consideration. If the parties are unable to agree
12 upon a proposed order, then Plaintiff shall file, by July 25, 2014, her motion for

ER

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RED

ORDE
___________________________
T IS SO S. TIGAR
I
JON
United States District Judge

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Dated: April 28, 2014

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UNIT
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13 recovery of reasonable attorneys’ fees and her bill of costs under Fed. R. Civ. P. 54
S DISTRICT
14 and Civil Local Rule 54.
TE
C
TA
IT IS SO ORDERED.
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D IS T IC T O
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Case No. CV12-1238 JST
Joint Report and Stipulation and
[proposed] Order