Caplan v. CNA Short Term Disability Plan et al.

Filing 202

ORDER re 201 GRANTING STIPULATION Re Dismissal of Entire Action With Prejudice. Signed by Judge CLAUDIA WILKEN on 10/27/09. (scc, COURT STAFF) (Filed on 10/27/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1631897v1 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. DANIEL M. FEINBERG Bar No. 135983 dfeinberg@lewisfeinberg.com MARGARET E. HASSELMAN Bar No. 228529 mhasselman@lewisfeinberg.com 1330 Broadway, Suite 1800 Oakland, California 94612 Telephone: (510) 839-6824 Facsimile: (510) 839-7839 Attorneys for Plaintiff DAVID CAPLAN SEDGWICK, DETERT, MORAN & ARNOLD LLP BRUCE D. CELEBREZZE Bar No. 102181 bruce.celebrezze@sdma.com DENNIS G. ROLSTAD Bar No. 150006 dennis.rolstad@sdma.com ERIN A. CORNELL Bar No. 227135 erin.cornell@sdma.com One Market Plaza Steuart Tower, 8th Floor San Francisco, California 94105 Telephone: (415) 781-7900 Facsimile: (415) 781-2635 Attorneys for Defendants HARTFORD LIFE GROUP INSURANCE COMPANY and CNA LONG TERM DISABILITY PLAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DAVID CAPLAN, Plaintiff, v. CNA SHORT TERM DISABILITY PLAN; CNA LONG TERM DISABILITY PLAN; HARTFORD LIFE GROUP INSURANCE COMPANY, Defendants. CASE NO. C06-05865 CW STIPULATION AND ORDER RE DISMISSAL OF ENTIRE ACTION WITH PREJUDICE -1CASE NO. C06-05865 CW STIPULATION AND [PROPOSED] ORDER RE DISMISSAL WITH PREJUDICE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF/1631897v1 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff David Caplan and Defendants Hartford Life Group Insurance Company and CNA Long Term Disability Plan, by and through their respective attorneys of record herein, that this entire action, including the complaint, shall be dismissed with prejudice, each party to bear his or its own attorneys' fees and costs. IT IS FURTHER STIPULATED AND AGREED by and between Plaintiff David Caplan and Defendants Hartford Life Group Insurance Company and CNA Long Term Disability Plan that Defendants have satisfied any and all claims for past due benefits, attorneys' fees, costs, and interest in this action, whether or not such claims were made, and all such claims are included among the matters to be DISMISSED pursuant to this Stipulation. DATED: October 23, 2009 LEWIS, FEINBERG, LEE, RENAKER & JACKSON P.C. By: s/Margaret E. Hasselman Daniel M. Feinberg Margaret E. Hasselman Attorneys for Plaintiff DAVID CAPLAN DATED: October 26, 2009 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: s/Dennis G. Rolstad Dennis G. Rolstad Erin A. Cornell Attorneys for Defendants HARTFORD LIFE GROUP INSURANCE COMPANY and CNA LONG TERM DISABILITY PLAN I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. s/Dennis G. Rolstad Dennis G. Rolstad ORDER IT IS SO ORDERED. DATED: __10/27/09_____________ HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE -2CASE NO. C06-05865 CW STIPULATION AND [PROPOSED] ORDER RE DISMISSAL WITH PREJUDICE

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