Harrison v. Metropolitan Life Insurance Company et al

Filing 64

ORDER RE PLAINTIFF'S SUPPLEMENTAL SUBMISSION. Signed by Judge Vince Chhabria on 5/5/2016. (knm, COURT STAFF) (Filed on 5/5/2016)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

MIRELLA HARRISON,

Case No. 13-cv-05585-VC

Plaintiff,
ORDER RE PLAINTIFF'S
SUPPLEMENTAL SUBMISSION

v.
METROPOLITAN LIFE INSURANCE
COMPANY, et al.,
Defendants.

As discussed at the hearing, Harrison should file a supplemental submission that:
1. Distinguishes between fees and costs arising from Harrison's "any occupation"
administrative proceedings, and those arising from the litigation and
administrative proceedings (if any) that took place after the lawsuit was filed
relating to Harrison's contention that she was unable to perform her "own
occupation";
2. Bills paralegals' clerical work at an appropriate clerical rate.
In addition, the Court is tentatively of the view that a 10% prejudgment interest rate is too
high to compensate Harrison for the losses she incurred as a result of the Plan's nonpayment of
benefits. See Dishman v. UNUM Life Ins. Co., 269 F.3d 974, 988 (9th Cir. 2001). For this
reason, Harrison's supplemental filing should calculate a prejudgment interest rate consistent
with 28 U.S.C. § 1961. If Harrison believes that this is not the appropriate measure of
prejudgment interest, she may also make an argument to that effect, but only after calculating the
interest rate under section 1961.
If the defendants wish to respond to Harrison's supplemental submission, they may do so

within seven days of that submission's filing date.
IT IS SO ORDERED.
Dated: May 5, 2016
______________________________________
VINCE CHHABRIA
United States District Judge

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