Zellers v. Metropolitan Life Ins Co.

Filing 27

STIPULATION AND ORDER re 26 to Remand ERISA Claim and Stay Action Pending Review on Remand filed by Metropolitan Life Insurance Company. Case Management Statement due by 9/13/2018. Further Case Management Conference set for 9/20/2018 10:30 AM in San Francisco, Courtroom 05, 17th Floor. Signed by Judge Edward M. Chen on 3/19/18. (bpf, COURT STAFF) (Filed on 3/19/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 STEVEN ZELLERS,

Case No. 3:17-cv-03636-EMC

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Honorable Edward M. Chen

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Plaintiff,
vs.

14 METROPOLITAN LIFE INSURANCE
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COMPANY,

[PROPOSED] ORDER ON
STIPULATION TO REMAND ERISA
CLAIM AND STAY ACTION PENDING
REVIEW ON REMAND (modified)

Defendant.
Complaint Filed:
Discovery Cut-off:
Motion Cut-off:
Bench Trial:

June 26, 2017
January 15, 2018
February 15, 2018
April 26, 2018

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HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
213-680-2800

[PROPOSED] ORDER ON STIPULATION TO REMAND ERISA CLAIM AND STAY ACTION
Case No. 3:17-cv-03636-EMC
301370869v1 0999943

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[PROPOSED] ORDER

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Having reviewed the parties’ Stipulation to remand the matter and stay the action, AND

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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED THAT the Parties’ Stipulation is the

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Order of the Court.

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IT IS FURTHER ORDERED THAT the matter is remanded back to Defendant

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Metropolitan Life Insurance Company (“MetLife”) to re-review Plaintiff’s claim for short-term

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disability benefits under the correct Plan document and consistent with the parties’ Stipulation.

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The action is stayed pending MetLife’s re-review of Plaintiff’s short-term disability claim on

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remand.

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Plaintiff may ask that the Court lift the stay in order to seek judicial review of any final

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adverse benefits determination on remand and/or to seek an award of attorneys’ fees and costs.

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MetLife also preserves any and all rights, claims and defenses in any future proceeding between

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the parties.

4/26/2018 motion hearing

vacated.

Further CMC set for 9/20/2018 at 10:30 a.m.

Joint CMC statement due 9/13/2018.

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, 2018

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HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE
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DATED:

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3/19

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HINSHAW & CULBERTSON LLP
633 West 5th Street, 47th Floor
Los Angeles, CA 90071-2043
213-680-2800

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[PROPOSED] ORDER ON STIPULATION TO REMAND ERISA CLAIM AND STAY ACTION
Case No. 3:17-cv-03636-EMC
301370869v1 0999943