Cass v. Liberty Life Assurance Company of Boston et al
Filing
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STIPULATION AND ORDER RE 32 DISMISSING DEFENDANT MAGELLAN HEALTH SERVICES GROUP LONG TERM DISABILITY PLAN. Signed by Judge Richard Seeborg on 4/3/17. (cl, COURT STAFF) (Filed on 4/3/2017)
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PAMELA E. COGAN (SBN 105089)
STACY M. TUCKER. (SBN 218942)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
(650) 364-8200
Facsimile:
(650) 780-1701
Email: pamela.cogan@rmkb.com stacy.tucker@rmkb.com
Attorneys for Defendants,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON and
MAGELLAN HEALTH SERVICES LONG TERM DISABILITY
PLAN
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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A Professional Corporation
Redwood City
Ropers Majeski Kohn & Bentley
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Case No: 3:16-cv-06271 RS
JULIE CASS,
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Plaintiff,
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v.
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LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON, SHORT
TERM DISABILITY PLAN FOR THE
EMPLOYEES OF MAGELLAN HEALTH
SERVICES; and MAGELLAN HEALTH
SERVICES LONG TERM DISABILITY
PLAN,
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STIPULATION AND [PROPOSED] ORDER
DISMISSING DEFENDANT MAGELLAN
HEALTH SERVICES GROUP LONG TERM
DISABILITY PLAN
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Defendants.
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WHEREAS, this action arises under the Employee Retirement Income Security Act of
1974, as amended (“ERISA”), 29 U.S.C. Section 1132;
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WHEREAS, MAGELLAN HEALTH SERVICES LONG TERM DISABILITY PLAN
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(“the Plan”), is insured under a group disability income policy issued by Liberty Life Assurance
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Company of Boston (“Liberty Life”) to MAGELLAN HEALTH SERVICES, the sponsor of the
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Plan;
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WHEREAS, plaintiff Julie Cass named the Plan as a defendant in this action;
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WHEREAS, the complaint in this action pleads one claim against all defendants for relief
4834-0250-9124.1
STIP TO EXTEND TIME TO RESPOND TO
COMPLAINT, CASE NO. 4:16-CV-0621 RS
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under ERISA, arising from the denial of benefits under the Plan to which plaintiff alleges she is
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entitled;
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WHEREAS, although Liberty Life denies that it or the Plan is liable for any of the
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claims, or under any of the theories, alleged by plaintiff in this action, Liberty Life agrees that it
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will be liable for any judgment or settlement in this action;
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IT IS STIPULATED that the MAGELLAN HEALTH SERVICES LONG TERM
DISABILITY PLAN shall be and is hereby dismissed from this action with prejudice, with each
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party to bear its own fees and costs, and plaintiff shall neither amend, nor seek leave to amend,
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the complaint in this action to name the Plan as a defendant in this action.
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A Professional Corporation
Redwood City
Ropers Majeski Kohn & Bentley
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All signatories to this Stipulation, and on whose behalf the filing is submitted, concur in
the Stipulation’s content and have authorized its filing.
IT IS SO STIPULATED.
Dated: March 31, 2017
DARRASLAW
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By: /s/ Susan Grabarsky
SUSAN GRABARSKY
Attorneys for Plaintiff, JULIE CASS
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Dated: March 31, 2017
ROPERS, MAJESKI, KOHN & BENTLEY
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By: /s/ Stacy Monahan Tucker
PAMELA E. COGAN
STACY MONAHAN TUCKER
Attorneys for Defendants, LIBERTY LIFE
ASSURANCE COMPANY OF BOSTON and
MAGELLAN HEALTH SERVICES LONG TERM
DISABILITY PLAN
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4834-0250-9124.1
-2-
STIP TO EXTEND TIME TO RESPOND TO
COMPLAINT, CASE NO. 4:16-CV-0621 RS
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ORDER
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IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation, MAGELLAN
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HEALTH SERVICES LONG TERM DISABILITY PLAN (“the Plan”), is hereby dismissed
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from this action with prejudice, with each party to bear its own fees and costs; and plaintiff shall
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neither amend, nor seek leave to amend, her complaint to name the Plan as a defendant in this
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action.
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Dated: April ____, 2017
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A Professional Corporation
Redwood City
Ropers Majeski Kohn & Bentley
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By: ________________________________________
United States Judge Richard Seeborg
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4834-0250-9124.1
-3-
STIP TO EXTEND TIME TO RESPOND TO
COMPLAINT, CASE NO. 4:16-CV-0621 RS
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