Nagy v. Group Long Term Disability Plan For Employees of Oracle America, Inc. et al

Filing 102

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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1 2 3 4 5 6 7 8 9 10 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 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 DAVE NAGY, Case No. 14-CV-00038-HSG Plaintiff, 17 18 v. 19 GROUP LONG TERM DISABILITY PLAN FOR EMPLOYEES OF ORACLE AMERICA, INC., and HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, 20 21 22 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. 23 24 25 Plaintiff Dave Nagy (“Plaintiff” or “Nagy”) and Defendants Group Long 26 Term Disability Plan for Employees of Oracle America, Inc. (“the Plan”) and 27 Hartford Life and Accident Insurance Company (“Hartford”) (collectively 28 “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 1 WHEREAS on April 22, 2016 this Court issued an interlocutory order 2 finding Nagy was entitled to disability benefits between September 13, 2011 and 3 January 16, 2013. The Court further ordered that Nagy’s claim be remanded to 4 Hartford for further proceedings to determine whether Nagy is entitled to benefits 5 under the “any occupation” standard under the Hartford disability policy. 6 7 WHEREAS, in the Judgment this Court entered, it required that Hartford’s 8 decision under the “any occupation” standard shall be made within 90 days of the 9 Court’s April 22, 2016 Order, “absent tolling pursuant to ERISA regulations, the 10 parties’ stipulation and/or a further order of this Court.” 11 WHEREAS, the parties are cooperating to obtain the necessary information 12 13 to allow Hartford to conduct a proper review under ERISA, but Hartford is still 14 waiting on certain outstanding information, including medical and (possible) 15 vocational reviews. This information is necessary for Hartford to complete its 16 “any occupation” analysis in accordance with 29 CFR. 2560.503-1, before its final 17 decision is presented to this Court. 18 19 WHEREAS, the parties stipulate that Hartford may have an extension of 20 approximately 45 days, from July 22, 2016 to September 6, 2016 to determine 21 whether Nagy is entitled to benefits under the “any occupation” standard under the 22 Hartford disability policy and thus jointly request that this Court allow such an 23 extension. 24 /// 25 /// 26 /// 27 /// 28 /// 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 1 IT IS SO STIPULATED. 2 3 Dated: July 8, 2016 Law Offices of Laurence F. Padway 4 By: /s/ Laurence F. Padway [As authorized on July 8, 2016] Laurence F. Padway Attorneys for Plaintiff David Nagy 5 6 7 8 Dated: July 8, 2016 9 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 10 11 12 13 14 15 ORDER Pursuant to stipulation, and good cause appearing, IT IS HEREBY 16 ORDERED that Hartford shall have an additional 45-day extension, from July 22, 17 2016 to September 6, 2016, to make its decision whether Nagy is entitled to 18 benefits under the “any occupation” standard. 19 IT IS SO ORDERED. 20 21 Dated: July 11, 2016 22 ________________________________ Hon. Haywood S. Gilliam, Jr. United States District Judge 23 24 25 26 27 28 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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