Strome v. Radnet Employee Benefit Plan, et al

Filing 26

ORDER granting 25 Stipulation Staying the Action and Setting Date for Report To The Court. Status Report due by 3/6/2017. Signed by Judge William H. Orrick on 10/26/2016. (jmdS, COURT STAFF) (Filed on 10/26/2016)

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JULIAN M. BAUM (CA State Bar No. 130892)
JULIAN M. BAUM & ASSOCIATES
9 Tenaya Lane, Novato, California 94947
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
GLENN R. KANTOR (CA State Bar No. 122643)
KANTOR & KANTOR LLP
19839 Nordhoff Street, Northridge, California 91324
Telephone: [phone]
E-Mail: [e-mail]
Attorneys for Plaintiff
Glenn M. Strome, M.D.

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DONALD P. SULLIVAN (State Bar No. 191080)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
RadNet Employee Benefit Plan
RadNet Management, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GLENN M. STROME, M.D.,

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Plaintiff,
v.

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RADNET EMPLOYEE BENEFIT PLAN;
RADNET MANAGEMENT, INC., in its
capacity as designated Plan Administrator,
Defendants.

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Case No. 3:16-cv-01242-WHO
STIPULATION AND ORDER:
1. STAYING THE ACTION; AND
2. SETTING DATE FOR REPORT TO THE
COURT BY THE PARTIES
Bench Trial: November 30, 2016
Courtroom of Hon. William H. Orrick
United States District Judge

The parties stipulate, and respectfully request that the Court order, as follows:

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Stipulation and Order
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Case No. 3:16-cv-01242 WHO

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1.

This is an action for recovery of disability benefits and related relief under the

Employee Retirement Income Security Act, 29 U.S.C. Sections 1001 et seq. (“ERISA”).
2.

The case is currently scheduled for trial to the Court on or about November 30,

2016, by way of cross-motions for summary judgment. Docket No. 23.
3.

There has been no settlement of the action. However, defendants have reversed

the denial of plaintiff’s benefits claim and are currently paying the benefits on a current basis.
4.

Defendants have reserved their rights to reassess plaintiff’s eligibility for

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benefits as of January 29, 2017, which date is the end of an initial 24-month benefit period,

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after which date different and additional terms of the disability insurance policy may apply to

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plaintiff’s benefits claims. Defendants have not yet made that determination as required under

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ERISA.

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6.

Accordingly, the parties respectfully request that the Court stay this action as set

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forth in the proposed Order below, and direct that the parties shall report to the Court by

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March 6, 2017, whether any further issues remain for determination by the Court, whether the

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parties request a further Case Management Conference, or whether the action may be dismissed.

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DATED: October 24, 2016

Respectfully submitted,
JULIAN M. BAUM & ASSOCIATES

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KANTOR & KANTOR LLP

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By:

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/s/ by Julian M. Baum
Julian M. Baum
Attorneys for Plaintiff
Glenn M. Strome, M.D.

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DATED: October 25, 2016

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By: /s/ by Donald P. Sullivan
Donald P. Sullivan
Attorneys for Defendants
RadNet Employee Benefit
Plan; RadNet Management, Inc.

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WILSON, ELSER, MOSKOWITZ
EDELMAN & DICKER LLP

[proposed order on next page]

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Stipulation and Order
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Case No. 3:16-cv-01242 WHO

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ORDER

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The parties having stipulated as set forth above, IT IS HEREBY ORDERED AS
FOLLOWS:

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1.

The action is hereby stayed, in its entirety, pending further order of this Court

scheduling a further Case Management Conference or otherwise;

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2.

The parties shall report to the Court in writing, by Monday, March 6, 2017,

whether any further issues remain for determination by the Court, whether the parties request a
further Case Management Conference, or whether the action may be dismissed.

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IT IS SO ORDERED.

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Dated: October 26, 2016
__________________________
WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

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