Nagy v. Group Long Term Disability Plan For Employees of Oracle America, Inc. et al
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 101 Stipulation for 45-day Extension to Determine whether Nagy is Entitled to Benefits under the "Any Occupation" Standard of the Hartford Disability Policy. (ndrS, COURT STAFF) (Filed on 7/11/2016)
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LAW OFFICES OF LAURENCE F. PADWAY
Laurence F. Padway (SBN 89314)
1516 Oak Street, Suite 109
Alameda, CA 94501
Tel: 510.814.6100
Fax: 510.814.0650
Attorneys for Plaintiff David Nagy
BURKE, WILLIAMS & SORENSEN, LLP
Michael B. Bernacchi (SBN 163657)
E-mail: mbernacchi@bwslaw.com
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: 213.236.0600
Fax: 213.236.2700
Attorneys for Defendants
Group Long Term Disability Plan for
Employees of Oracle America, Inc. and
Hartford Life and Accident Insurance Company
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DAVE NAGY,
Case No. 14-CV-00038-HSG
Plaintiff,
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v.
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GROUP LONG TERM
DISABILITY PLAN FOR
EMPLOYEES OF ORACLE
AMERICA, INC., and HARTFORD
LIFE AND ACCIDENT
INSURANCE COMPANY,
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STIPULATION AND ORDER FOR
45-DAY EXTENSION TO
DETERMINE WHETHER NAGY IS
ENTITLED TO BENEFITS UNDER
THE “ANY OCCUPATION”
STANDARD OF THE HARTFORD
DISABILITY POLICY
Honorable Haywood S. Gilliam, Jr.
Defendants.
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Plaintiff Dave Nagy (“Plaintiff” or “Nagy”) and Defendants Group Long
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Term Disability Plan for Employees of Oracle America, Inc. (“the Plan”) and
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Hartford Life and Accident Insurance Company (“Hartford”) (collectively
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“the Parties”), hereby stipulate and agree as follows:
B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
LA #4818-7090-7700 v1
-1-
STIPULATION AND (PROPOSED) ORDER FOR
45-DAY EXTENSION
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WHEREAS on April 22, 2016 this Court issued an interlocutory order
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finding Nagy was entitled to disability benefits between September 13, 2011 and
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January 16, 2013. The Court further ordered that Nagy’s claim be remanded to
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Hartford for further proceedings to determine whether Nagy is entitled to benefits
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under the “any occupation” standard under the Hartford disability policy.
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WHEREAS, in the Judgment this Court entered, it required that Hartford’s
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decision under the “any occupation” standard shall be made within 90 days of the
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Court’s April 22, 2016 Order, “absent tolling pursuant to ERISA regulations, the
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parties’ stipulation and/or a further order of this Court.”
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WHEREAS, the parties are cooperating to obtain the necessary information
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to allow Hartford to conduct a proper review under ERISA, but Hartford is still
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waiting on certain outstanding information, including medical and (possible)
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vocational reviews. This information is necessary for Hartford to complete its
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“any occupation” analysis in accordance with 29 CFR. 2560.503-1, before its final
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decision is presented to this Court.
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WHEREAS, the parties stipulate that Hartford may have an extension of
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approximately 45 days, from July 22, 2016 to September 6, 2016 to determine
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whether Nagy is entitled to benefits under the “any occupation” standard under the
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Hartford disability policy and thus jointly request that this Court allow such an
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extension.
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///
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///
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///
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///
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///
B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
LA #4818-7090-7700 v1
-2-
STIPULATION AND (PROPOSED) ORDER FOR
45-DAY EXTENSION
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IT IS SO STIPULATED.
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Dated: July 8, 2016
Law Offices of Laurence F. Padway
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By: /s/ Laurence F. Padway
[As authorized on July 8, 2016]
Laurence F. Padway
Attorneys for Plaintiff David Nagy
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Dated: July 8, 2016
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Burke, Williams & Sorensen, LLP
By: /s/ Michael B. Bernacchi
Michael B. Bernacchi
Attorneys for Defendants Group Long
Term Disability Plan for Employees of
Oracle America, Inc. and Hartford Life
and Accident Insurance Company
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ORDER
Pursuant to stipulation, and good cause appearing, IT IS HEREBY
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ORDERED that Hartford shall have an additional 45-day extension, from July 22,
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2016 to September 6, 2016, to make its decision whether Nagy is entitled to
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benefits under the “any occupation” standard.
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IT IS SO ORDERED.
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Dated: July 11, 2016
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________________________________
Hon. Haywood S. Gilliam, Jr.
United States District Judge
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B URKE , W ILLIAMS &
S ORENS EN , LLP
ATTO RNEY S AT LAW
LOS A NG EL ES
LA #4818-7090-7700 v1
-3-
STIPULATION AND (PROPOSED) ORDER FOR
45-DAY EXTENSION
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