Doe v. Life Insurance Company of North America et al

Filing 75

ORDER GRANTING ADMINISTRATIVE REMAND; VACATING CMC; ADMINISTRATIVELY CLOSING CASE. Signed by Judge Beeler on 12/13/10. (lblc1, COURT STAFF) (Filed on 12/13/2010)

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TERESA S. RENAKER (SBN 187800) [e-mail] JULIA CAMPINS (SBN 238023) [e-mail] LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 476 - 9th Street Oakland, CA 94607 Tel: [phone] Fax: [phone] Attorneys for Plaintiff JOHN DOE SEAN P. NALTY (SBN 121253) [e-mail] SHILPA G. DOSHI (SBN 253024) [e-mail] WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Tel: [phone] Fax: [phone] Attorneys for Defendants LIFE INSURANCE COMPANY OF NORTH AMERICA and LONG TERM DISABILITY PLAN FOR EMPLOYEES OF EXCITE, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN DOE, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA and LONG TERM DISABILITY PLAN FOR EMPLOYEES OF EXCITE, INC., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CV09-01665 LB PROPOSED ORDER REGARDING ADMINISTRATIVE REMAND AND FEES MOTION

1 PROPOSED ORDER REGARDING REMAND AND FEES MOTION USDC NDCA Case #CV09-01665 LB

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This matter is set for a case management conference on December 16, 2010. Plaintiff has now received the letter from Defendant LINA containing its determination regarding Plaintiff's waiver of premium benefit claim. The Parties agree that Plaintiff will request review of LINA's decision first with LINA through the "administrative process." The usual time limits under ERISA apply will apply to this request for review: 180 days for Plaintiff to submit additional information to LINA and 45 days for LINA to consider his request for review, unless special circumstances arise warranting a 45-day extension. While Plaintiff pursues his claim with LINA, this case shall be administratively closed. It may be reopened by appropriate motion if necessary. Any motion for attorney's fees and costs is due no later than 14 days after either party declares the conclusion of the meet and confer process following any final determination of Plaintiff's life waiver benefits. "Final determination" is defined as any of the following: 1. A decision overturning the waiver of premium denial is received by Plaintiff's counsel; 2. 3. The date judgment is entered on the waiver of premium issue; or The date any settlement agreement is signed.

The Case Management Conference set for December 16, 2010 is hereby removed from calendar. The Clerk is ordered to close the case administratively.
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IT IS SO ORDERED. 12/13/10 Dated: _________________

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________________________________ LAUREL BEELER Laurel Beeler Judge United States Magistrate Judge
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