Cass v. Liberty Life Assurance Company of Boston et al

Filing 33

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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1 2 3 4 5 6 7 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 9 NORTHERN DISTRICT OF CALIFORNIA 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 11 12 Case No: 3:16-cv-06271 RS JULIE CASS, 13 Plaintiff, 14 v. 15 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, 16 17 18 STIPULATION AND [PROPOSED] ORDER DISMISSING DEFENDANT MAGELLAN HEALTH SERVICES GROUP LONG TERM DISABILITY PLAN 19 Defendants. 20 21 22 WHEREAS, this action arises under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. Section 1132; 23 WHEREAS, MAGELLAN HEALTH SERVICES LONG TERM DISABILITY PLAN 24 (“the Plan”), is insured under a group disability income policy issued by Liberty Life Assurance 25 Company of Boston (“Liberty Life”) to MAGELLAN HEALTH SERVICES, the sponsor of the 26 Plan; 27 WHEREAS, plaintiff Julie Cass named the Plan as a defendant in this action; 28 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 1 under ERISA, arising from the denial of benefits under the Plan to which plaintiff alleges she is 2 entitled; 3 WHEREAS, although Liberty Life denies that it or the Plan is liable for any of the 4 claims, or under any of the theories, alleged by plaintiff in this action, Liberty Life agrees that it 5 will be liable for any judgment or settlement in this action; 6 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 8 party to bear its own fees and costs, and plaintiff shall neither amend, nor seek leave to amend, 9 the complaint in this action to name the Plan as a defendant in this action. 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 7 11 12 13 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 14 15 By: /s/ Susan Grabarsky SUSAN GRABARSKY Attorneys for Plaintiff, JULIE CASS 16 17 18 Dated: March 31, 2017 ROPERS, MAJESKI, KOHN & BENTLEY 19 20 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 21 22 23 24 25 26 27 28 4834-0250-9124.1 -2- STIP TO EXTEND TIME TO RESPOND TO COMPLAINT, CASE NO. 4:16-CV-0621 RS 1 ORDER 2 3 IT IS HEREBY ORDERED that, pursuant to the parties’ stipulation, MAGELLAN 4 HEALTH SERVICES LONG TERM DISABILITY PLAN (“the Plan”), is hereby dismissed 5 from this action with prejudice, with each party to bear its own fees and costs; and plaintiff shall 6 neither amend, nor seek leave to amend, her complaint to name the Plan as a defendant in this 7 action. 9 3 Dated: April ____, 2017 10 A Professional Corporation Redwood City Ropers Majeski Kohn & Bentley 8 By: ________________________________________ United States Judge Richard Seeborg 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4834-0250-9124.1 -3- STIP TO EXTEND TIME TO RESPOND TO COMPLAINT, CASE NO. 4:16-CV-0621 RS

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