Oster v. Standard Insurance Company et al

Filing 97

STIPULATION AND ORDER re 95 Stipulation filed by Lucasfilm Ltd. Group Long Term Disability Plan, The, Standard Insurance Company, Brent Oster. Signed by Judge ARMSTRONG on 12/15/10. (lrc, COURT STAFF) (Filed on 12/15/2010)

Oster v. Standard Insurance Company et al

Doc. 97

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Katherine S. Ritchey (State Bar No. 178409) [e-mail] Chantelle C. Egan (State Bar No. 257938) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] 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 BENEFITS AND ORDER

Joint Stipulation Re: Benefits & [Proposed] Order,
Case No. C 09-00851 (SBA)

Dockets.Justia.com

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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 (the "Order"), reversing Standard's claim decision and 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 on October 25, 2010, the Court granted the parties' Joint Stipulation Regarding Schedule for Parties' Benefits Calculation (Docket No. 93), extending the deadline to for the parties to "reach a stipulation regarding the amount of benefits owed under the Policy" to November 30, 2010; WHEREAS as required by the Order, the parties have met and conferred to arrive at the calculation of benefits based on Plaintiff's financial documents and the requirements of the Plan Policy; WHEREAS Defendants seek to comply with the Court's order without accepting or acknowledging that Standard's decision was an abuse of discretion or in any way erroneous or improper, or that Plaintiff is entitled to any additional benefits; and while preserving their right to appeal the Order and argue that Standard's claim decision, including its benefits determination, should stand; THEREFORE, the parties hereby stipulate that, assuming the Court's decision reversing Standard's claim decision was proper and benefits are owed to Plaintiff (which Defendants dispute and preserve their right to appeal), Plaintiff is owed benefits in the amount of $153,973.77 for benefits from July 7, 2004 to April 13, 2008, and that no further benefits are due under the Policy and Plaintiff's claim is closed as of April 13, 2008. /// -1Joint Stipulation Re: Benefits & [Proposed] Order, Case No. C 09-00851 (SBA)

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IT IS SO STIPULATED. Dated: November 30, 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: November 30, 2010 Respectfully submitted, PILLSBURY & LEVINSON By: /s/ Brian H. Kim Brian H. Kim Attorneys for Plaintiff BRENT OSTER

AS STIPULATED, IT IS SO ORDERED. Dated: 12/15/10 Honorable Saundra B. Armstrong United States District Judge

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Joint Stipulation Re: Benefits & [Proposed] Order, Case No. C 09-00851 (SBA)

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