Elliott v. Life Insurance Company of North America

Filing 44

ORDER APPROVING STIPULATION FOR REQUEST FOR STAY PENDING LINA'S RECONSIDERATION OF ERISA CLAIM. Signed by Duty Judge Jon S. Tigar for Maxine M. Chesney (mmclc1, COURT STAFF) (Filed on 3/23/2017)

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Glenn R. Kantor (SBN 122643)
E-mail: [e-mail]
Mitchell O. Hefter (SBN 291985)
E-mail: [e-mail]
KANTOR & KANTOR, LLP
19839 Nordhoff Street
Northridge, California, 91324
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff Edward Elliott

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Daniel W. Maguire (SBN 120002)
E-mail: [e-mail]
Keiko J. Kojima (SBN 206595)
E-mail: [e-mail]
BURKE, WILLIAMS & SORENSEN, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant
Life Insurance Company of North America

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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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EDWARD ELLIOTT,
Plaintiff,

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v.

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LIFE INSURANCE COMPANY OF
NORTH AMERICA,

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Case No. 3:16-cv-01348-MMC
STIPULATION FOR REQUEST
FOR STAY PENDING LINA’S
RECONSIDERATION OF ERISA
CLAIM; (PROPOSED) ORDER

Defendant.

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Plaintiff Edward Elliott and Defendant Life Insurance Company of North

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America (“LINA”), through counsel, hereby stipulate and request a stay of the case

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pending LINA’s reconsideration of Plaintiff’s long-term disability claim based on

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the following:
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CASE NO. 3:16-CV-01348-MMC
STIPULATION FOR STAY PENDING LINA’S
RECONSIDERATION OF ERISA CLAIM

1. On March 8, 2017, Plaintiff’s counsel forwarded LINA’s counsel a

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Notice of Award from the Social Security Administration dated February 26, 2017

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granting Social Security disability benefits to Plaintiff.1 Based on this new

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information, LINA has offered Plaintiff its reconsideration of his long term

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disability claim with the SSA decision, which Plaintiff has accepted without waiver

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of his claim, if any, to attorneys’ fees.

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2.

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LINA will start its reconsideration of Plaintiff’s claim once Plaintiff

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confirms that all documents Plaintiff desires to submit for its reconsideration have

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been provided or confirms there are no additional documents that will be submitted

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for LINA’s review.

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3.

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Accordingly, the parties respectfully request the Court order a stay on

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this case pending LINA’s reconsideration of the claim. Good cause exists for the

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stay as it will save the parties and the Court judicial resources and allow LINA the

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opportunity for the claim to be reconsidered with the new Social Security award.

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4.

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The parties request that in light of stay request, the Court vacate the

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following Motion for Judgment briefing and hearing dates:

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Plaintiff’s Motion for Judgment: April 7, 2017

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Defendant’s Opposition /Cross Motion: May 5, 2017

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Plaintiff’s Reply/Opposition to Cross-Motion: May 26, 2017

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Defendant’s Reply to Cross-Motion: June 16, 2017

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Hearing on Cross-Motions for Judgment: July 21, 2017 at 9:00 a.m.

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[See Dkt. 39.]

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During the appeal process, LINA requested information regarding Plaintiff’s
Social Security Disability claim as part of its review and was informed Plaintiff had
not been awarded SSDI benefits.

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CASE NO. 3:16-CV-01348-MMC
STIPULATION FOR STAY PENDING LINA’S
RECONSIDERATION OF ERISA CLAIM

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5. The parties will submit a joint status report within 60 days of the entry of
the Court’s Order granting the stay.

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6.

Each party reserves all of his or its rights under the LTD policy.

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Dated: March 21, 2017

KANTOR & KANTOR, LLP

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By: s/ Mitchell O. Hefter
Glenn R. Kantor
Alan E. Kassan
Mitchell O. Hefter
Attorneys for Plaintiff
Edward Elliott

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Dated: March 21, 2017

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BURKE, WILLIAMS & SORENSEN, LLP
By: s/ Keiko J. Kojima
Daniel W. Maguire
Keiko J. Kojima
Attorneys for Defendant
Life Insurance Company of North
America

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SIGNATURE ATTESTATION

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Pursuant to Local Rule 5-1(i)(3), I hereby certify that the content of this

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document is acceptable to Mitchell Hefter, counsel for Plaintiff Edward Elliott, and

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that I have obtained Mr. Hefter’s authorization to affix his electronic signature to

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this document.

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By: s/ Keiko J. Kojima
Daniel W. Maguire
Keiko J. Kojima
Attorneys for Defendant
Life Insurance Company of North
America

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CASE NO. 3:16-CV-01348-MMC
STIPULATION FOR STAY PENDING LINA’S
RECONSIDERATION OF ERISA CLAIM

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PROPOSED ORDER
Based on the foregoing Stipulation and good cause appearing therefor, it is

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hereby ordered that this case is stayed pending LINA’s reconsideration of

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Plaintiff’s long-term disability claim. The Motion for Judgment briefing schedule

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and hearing dates are vacated. [See Dkt. 39.] The parties shall submit a joint status

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report within 60 days of the entry of the Court’s Order granting the stay.

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March 23, 2017
Dated: ____________

/s/ Jon S. Tigar
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Honorable Maxine M. Chesney
United States District Judge

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Honorable Jon S. Tigar

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Duty Judge

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CASE NO. 3:16-CV-01348-MMC
STIPULATION FOR STAY PENDING LINA’S
RECONSIDERATION OF ERISA CLAIM