Healy v. Fortis Benefits Insurance Company et al

Filing 30

STIPULATION AND ORDER OF DISMISSAL OF SECOND CAUSE OF ACTION AND OF DE NOVO REVIEW OF FIRST CAUSE OF ACTION. Signed by Judge Richard Seeborg on 7/17/14. (cl, COURT STAFF) (Filed on 7/17/2014)

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HORACE W GREEN, BAR NO. 115699

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BUCHMAN PROVINE BROTHERS SMITH LLP
1333 N. California Blvd., Suite 350
Walnut Creek, California 94596
Telephone:
925 944 9700
Facsimile:
925 944 9701

[e-mail]

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Attorneys for Defendants
Union Security Insurance Company
(formerly known as Fortis Benefits
Insurance Company);
Assurant Employee Benefits; and
Lighthouse Capital Partners Long
Term Disability Plan

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NORTHERN DISTRICT OF CALIFORNIA
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A TT O RN E Y S A T L A W
W ALNU T C RE E K , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

UNITED STATES DISTRICT COURT
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LIZABETH HEALY,

Case No. CV 14-00832 RS

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Plaintiff,
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v.
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STIPULATION TO AND [PROPOSED]
ORDER OF DISMISSAL OF SECOND
CAUSE OF ACTION AND OF DE NOVO
REVIEW OF FIRST CAUSE OF ACTION

FORTIS BENEFITS INSURANCE
COMPANY; UNION SECURITY
INSURANCE COMPANY; ASSURANT
EMPLOYEE BENEFITS; ASSURANT,
INC.; LIGHTHOUSE CAPITAL
PARTNERS, INC. LONG TERM
DISABILITY PLAN; LIGHTHOUSE
CAPITAL PARTNERS, INC. ,
Defendants.

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Plaintiff Lizabeth Healy, and Defendants Union Security Insurance Company (formerly

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known as Fortis Benefits Insurance Company), Assurant Employee Benefits (which “exists” as a

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brand name only), and Lighthouse Capital Partners Long Term Disability Plan hereby stipulate as

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follows:

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1. Plaintiff’s Second Cause of Action for Breach of Fiduciary Duty shall be dismissed
without prejudice.
STIPULATION TO AND [PROPOSED] ORDER RE
DISMISSAL OF SECOND CAUSE OF ACTION AND OF
DE NOVO REVIEW OF FIRST CAUSE OF ACTION

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2. The Court shall conduct a de novo review of the claims decision which forms the basis

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for Plaintiff’s first cause of action seeking relief under ERISA, 29 U.S.C. § 1132

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(a)(1)(B).

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.

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DATED: July 15, 2014

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By:

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/s/ Rebecca Grey
Rebecca Grey
Attorneys for Plaintiff
Lizabeth Healy

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A TT O RN E Y S A T L A W
W ALNU T C RE E K , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

THE GREY LAW FIRM

DATED: July 15, 2014

BUCHMAN PROVINE BROTHERS SMITH LLP

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By:

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/s/ Horace W. Green
Horace W Green
Attorneys for Defendants
Fortis Benefits Insurance Company; Union
Security Insurance Company; Assurant Employee
Benefits; and Lighthouse Capital Partners, Inc.
Long Term Disability Plan

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ATTESTATION OF ELECTRONIC FILING

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As the attorney for Defendant e-filing this document, I hereby attest that Rebecca Grey
concurred in this filing.
DATED: July 15, 2014

BUCHMAN PROVINE BROTHERS SMITH LLP

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By:

/s/ Horace W. Green
Horace W Green
Attorneys for Defendants
Fortis Benefits Insurance Company; Union
Security Insurance Company; Assurant Employee
Benefits; and Lighthouse Capital Partners, Inc.
Long Term Disability Plan

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STIPULATION TO AND [PROPOSED] ORDER RE
DISMISSAL OF SECOND CAUSE OF ACTION AND OF
DE NOVO REVIEW OF FIRST CAUSE OF ACTION

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ORDER

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Having reviewed the Stipulation to and Proposed Order of Dismissal of Second Cause of
Action and of de novo review of First Cause of Action, and good cause appearing therefor,
IT IS HEREBY ORDERED:

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1. Plaintiff’s Second Cause of Action be, and hereby is, dismissed without prejudice.
2. The Court’s review of Plaintiff’s First Cause of Action seeking relief under 29 U.S.C.

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A TT O RN E Y S A T L A W
W ALNU T C RE E K , CA

B UCHMAN P ROVINE B ROTHERS S MITH LLP

§1132 (a)(1)(B) shall be conducted de novo.
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Dated: 7/17/14

______________________________
The Honorable Richard Seeborg
United States District Judge

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STIPULATION TO AND [PROPOSED] ORDER RE
DISMISSAL OF SECOND CAUSE OF ACTION AND OF
DE NOVO REVIEW OF FIRST CAUSE OF ACTION