Morgan v. Lincoln National Life Insurance Co. et al

Filing 13

STIPULATION AND ORDER TO DISMISS DEFENDANT THE MBLOX, INC. GROUP INSURANCE PLAN WITHOUT PREJUDICE: Re 11 Stipulation filed by Lincoln National Life Insurance Co., MBlox, Inc. Group Insurance Plan. Signed by Magistrate Judge Laurel Beeler on 11/12/2013. (ls, COURT STAFF) (Filed on 11/12/2013)

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DOUGLAS A. SCULLION (State Bar No. 215339)
[e-mail]
ANNA RASSOULI (State Bar No. 260911)
[e-mail]
DENTONS US LLP
525 Market Street, 26th Floor
San Francisco, CA 94105-2708
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
THE LINCOLN NATIONAL LIFE
INSURANCE COMPANY and THE
MBLOX, INC. GROUP INSURANCE PLAN

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UNITED STATES DISTRICT COURT

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DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
[phone]

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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KATHLEEN MORGAN,

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Plaintiff,
vs.

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LINCOLN NATIONAL LIFE
INSURANCE COMPANY and THE
MBLOX, INC. GROUP INSURANCE
PLAN,

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Case No. 3:13-CV-04496-LB
JOINT STIPULATION TO DISMISS
DEFENDANT THE MBLOX, INC.
GROUP INSURANCE PLAN
WITHOUT PREJUDICE
ORDER

Defendants.

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Plaintiff Kathleen Morgan and defendant The Lincoln National Life Insurance Company

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(“Lincoln”) through their respective counsel hereby stipulate to dismiss named defendant The

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mBlox, Inc. Group Insurance Plan without prejudice pursuant to Rule 41(a)(1)(A)(ii) and to

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amend the case caption to reflect dismissal.

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-1JOINT STIPULATION TO DISMISS THE MBLOX, INC. GROUP
INSURANCE PLAN WITHOUT PREJUDICE
Case No. 3:13-CV-04496-LB

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This dismissal is based on the parties’ agreement that (1) the long term disability plan at

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issue in this case is fully insured by Group Long Term Disability Policy No. 10111274

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(“Policy”) issued by defendant Lincoln; (2) Lincoln is responsible for payment of all sums that

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may be due to plaintiff under this Policy; (3) Lincoln will pay all sums, if any, that this Court

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finds to be due to plaintiff arising from the allegations set forth in the Complaint, including any

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award of attorneys’ fees and/or costs; and (4) Lincoln will not assert failure to name the

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employer or plan as a defense in this matter.

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The parties therefore respectfully ask the Court to dismiss defendant The mBlox, Inc.
Group Insurance Plan, without prejudice, and to amend the case caption accordingly.

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IT IS SO STIPULATED.

DENTONS US LLP
525 MARKET STREET, 26TH FLOOR
SAN FRANCISCO, CALIFORNIA 94105-2708
[phone]

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Dated:

October 30, 2013

LEWIS, FEINBERG, LEE, RENAKER &
JACKSON, P.C.

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By
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/s/ Julie Wilensky _____________
NINA WASOW
JULIE WILENSKY

Attorneys for Plaintiff
KATHLEEN MORGAN

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Dated:

October 30, 2013

DENTONS US LLP

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By

/s/ Douglas A. Scullion ______
DOUGLAS A. SCULLION
ANNA RASSOULI

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Attorneys for Defendants
THE LINCOLN NATIONAL LIFE INSURANCE
COMPANY and THE MBLOX, INC. GROUP
INSURANCE PLAN

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
November 12, 2013
Date: _______________

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UNITED STATES MAGISTRATE JUDGE
-2JOINT STIPULATION TO DISMISS THE MBLOX, INC. GROUP
INSURANCE PLAN WITHOUT PREJUDICE
Case No. 3:13-CV-04496-LB