Oster v. Standard Insurance Company et al

Filing 93

STIPULATION AND ORDER RE BENEFITS CALCULATION. Signed by Judge ARMSTRONG on 10/25/10. (lrc, COURT STAFF) (Filed on 10/25/2010)

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Oster v. Standard Insurance Company et al Doc. 93 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 Katherine S. Ritchey (State Bar No. 178409) ksritchey@jonesday.com Chantelle C. Egan (State Bar No. 257938) cegan@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Attorneys for Defendants STANDARD INSURANCE COMPANY and THE LUCASFILM LTD. GROUP LONG TERM DISABILITY PLAN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION BRENT OSTER, Plaintiff, v. STANDARD INSURANCE COMPANY; THE LUCASFILM LTD. GROUP LONG TERM DISABILITY PLAN; and DOES 1 through 20, inclusive, Defendants. Case No. C 09-00851 (SBA) JOINT STIPULATION REGARDING SCHEDULE FOR PARTIES' BENEFITS CALCULATION AND ORDER Joint Stipulation Re: Schedule for Parties' Benefits Calculation & [Proposed] Order, Case No. C 09-00851 (SBA) Dockets.Justia.com 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 Plaintiff Brent Oster and Defendants Standard Insurance Company ("Standard") and The Lucasfilm Ltd. Group Long Term Disability Plan (the "Disability Plan"), each through their respective counsel of record, hereby stipulate as follows: WHEREAS on October 8, 2010, the Court filed under seal Findings of Fact and Conclusions of Law, ordering the parties to (1) "meet and confer in an effort to reach a stipulation regarding the amount of benefits owed under the Policy, including consideration of any applicable offsets" and (2) "submit such a stipulation, or ... each submit an additional brief, not to exceed five (5) pages (excluding any supporting declaration(s)), addressing the amount of benefits owed under the Policy" by October 29, 2010; WHEREAS collection and analysis of Plaintiff's sources of income are necessary for the calculation of "benefits owed under the Policy, including consideration of any applicable offsets;" WHEREAS Plaintiff has been engaged in obtaining copies of documents relating to his income for the calculation of benefits and consideration of applicable offsets; WHEREAS Plaintiff has requested copies of documentation of his income not in his possession from outside sources, including the California Employment Development Department; WHEREAS once necessary documentation of Plaintiff's income is obtained, Plaintiff will promptly produce said documentation without redactions to Standard, subject to Standard's representation that it will not share such documentation with any third party, due to privacy concerns, except for those actuaries it uses for the calculation of benefits; WHEREAS upon receipt of necessary documentation of all Plaintiff's income, Standard and Plaintiff will independently engage in an analysis of the documents and the requirements of the Plan Policy, and will perform the benefits calculation required by Plaintiff's multiple sources of income; WHEREAS due to the complexity of the calculation of benefits, the parties reasonably anticipate that follow up and consultations with actuaries may delay the calculation of benefits, even once Plaintiff provides the above-mentioned documentation; WHEREAS the parties would like the opportunity to attempt to resolve the calculation of benefits by stipulation, and without further motion practice; -1Joint Stipulation Re: Schedule for Parties' Benefits Calculation & [Proposed] Order, Case No. C 09-00851 (SBA) J 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 THEREFORE, the parties hereby stipulate that by November 30, 2010, the parties will submit a stipulation as to benefits owed to Plaintiff, or if they do not agree on the calculation of benefits, will each submit an additional brief, not to exceed five (5) pages (excluding any supporting declaration(s) and exhibits), addressing the amount of benefits owed under the Plan Policy; OR in the event the collection of necessary documents relating to Plaintiff's income is not complete or the parties cannot reasonably complete their analysis by November 30, 2010, and thus neither a joint stipulation regarding benefits nor individual briefs have been filed, the parties will submit a further stipulation reporting on the progress of their efforts to calculate benefits and, if requested by the Court, will participate in a telephonic case management conference to report on the status of the calculation of benefits. IT IS SO STIPULATED. Dated: October 21, 2010 Respectfully submitted, JONES DAY By: /s/ Chantelle C. Egan Chantelle C. Egan Attorneys for Defendants STANDARD INSURANCE COMPANY and THE LUCASFILM LTD. GROUP LONG TERM DISABILITY PLAN In accordance with General Order No. 45, Section X(B), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below. Dated: October 21, 2010 Respectfully submitted, PILLSBURY & LEVINSON By: /s/ Brian H. Kim Brian H. Kim Attorneys for Plaintiff BRENT OSTER -2- Joint Stipulation Re: Schedule for Parties' Benefits Calculation & [Proposed] Order, Case No. C 09-00851 (SBA) J 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 AS STIPULATED, IT IS SO ORDERED. Dated: October 25 , 2010 Honorable Saundra B. Armstrong United States District Judge -3- Joint Stipulation Re: Schedule for Parties' Benefits Calculation & [Proposed] Order, Case No. C 09-00851 (SBA) J

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