Polnicky v. Liberty Life Assurance Company of Boston et al

Filing 67

JUDGMENT. Signed by Judge Susan Illston on 12/29/14. (tfS, COURT STAFF) (Filed on 12/29/2014)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 STEVEN POLNICKY, 12 KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886 2525 11 Plaintiff, 13 14 15 16 VS. LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, WELLS FARGO & COMPANY LONG TERM DISABILITY PLAN 17 Defendant. 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO: C 13-1478 SI [PROPOSED[ JUDGMENT 19 20 21 22 23 Pursuant to the Findings of Fact and Conclusions of Law entered by this Court on November 25, 2014, judgment is hereby entered against Liberty Life Assurance Company of Boston and Wells Fargo & Company Long Term Disability Plan (“the Plan”) as follows: 1) Plaintiff is awarded back benefits in the amount of$133,939.85. This amount 24 represents disability benefits for the period May 28, 2012 to September 27, 2013 and interest 25 thereon and also includes the offset for Plaintiff’s Social Security benefits for the same period of 26 time and repayment of an overpayment to Liberty Life Assurance Company of Boston for Social 27 Security benefits received retroactively for the period from September 28, 2011 to May 28, 2012; 28 1 PROPOSED JUDGMENT 1 2 2. Plaintiff is reinstated to the Plan and his claim is remanded to the Plan for consideration of additional benefits under applicable Plan criteria. 3 3) Plaintiff is permitted to make a Motion for Attorneys Fees under Local Rule 54-5. 4 5 6 Liberty is to make the above payments in accordance with Plaintiff’s payment instructions within thirty (30) days after entry of this Judgment. 7 IT IS SO ORDERED. 8 9 12/29/14 10 11 ___________________________ The Honorable Susan Illston United States District Judge KANTOR & KANTOR LLP 19839 Nordhoff Street Northridge, California 91324 (818) 886 2525 12 13 Approved as to Form: 14 15 16 /S/ Pamela E. Cogan Pamela E. Cogan Attorneys for Defendants 17 18 19 20 21 22 23 24 25 26 27 28 2 PROPOSED JUDGMENT

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