Schramm v. CNA Financial Corp. Insured Group Benefits Program

Filing 25

ORDER re 24 Supplemental Joint Case Management Statement. This Court will apply the ERISA de novo standard of review to this matter.. Signed by Judge CLAUDIA WILKEN on 1/14/10. (scc, COURT STAFF) (Filed on 1/14/2010)

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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 SPRINGER-SULLIVAN & ROBERTS LLP MICHELLE L. ROBERTS Bar No. 239092 mlr@ssrlawgroup.com CASSIE SPRINGER-SULLIVAN Bar No. 221506 css@ssrlawgroup.com 410 12th Street, Suite 325 Oakland, California 94607 Telephone: (510) 992-6130 Facsimile: (510) 280-7564 Attorneys for Plaintiff Wendy Schramm 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 Defendant CNA Long Term Disability Program (erroneously sued herein as CNA Financial Corp. Insured Group Benefits Program) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA WENDY SCHRAMM, Plaintiff, v. CNA FINANCIAL CORP. INSURED GROUP BENEFITS PROGRAM, Defendant. Plaintiff Wendy Schramm ("Plaintiff") and defendant CNA Long Term Disability Program, erroneously sued herein as CNA Financial Corp. Insured Group Plan, an ERISA long term disability plan under which claims were administered and benefits were insured by Hartford Life and Accident Insurance Company ("the Plan"), by and through their respective counsel of record, hereby submit this Supplemental Joint Case Management Statement. -1CASE NO. C 09-03087 CW SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT CASE NO. C 09-03087 CW SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT AND ORDER 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 Following the Case Management Conference on October 13, 2009, the parties participated in further discussions regarding the legal issues to be presented to the Court. Pursuant to these discussions, the parties hereby stipulate and agree that the ERISA standard of review that the Court should apply to this case is the de novo standard of review. The parties hereby agree that, should there be an appeal of the Court' s decision on Plaintiff' s claim for benefits, neither party shall argue on appeal that any standard of review other than the de novo standard of review should have been applied in this case. This agreement does not affect any other case and is not a waiver of any rights to seek or assert in any other case that discretionary review is the appropriate standard. DATED: January 11, 2010 SPRINGER-SULLIVAN & ROBERTS LLP By: s/Michelle L. Roberts Michelle L. Roberts Cassie Springer-Sullivan Attorneys for Plaintiff Wendy Schramm DATED: January 11, 2010 SEDGWICK, DETERT, MORAN & ARNOLD LLP By: s/Dennis G. Rolstad Dennis G. Rolstad Erin A. Cornell Attorneys for Defendant CNA Long Term Disability Program (erroneously sued herein as CNA Financial Corp. Insured Group Benefits Program) 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 -2CASE NO. C 09-03087 CW SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT 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 PURSUANT TO STIPULATION, IT IS SO ORDERED. This Court will apply the ERISA de novo standard of review to this matter. Dated: __1/14/10_____________ _______________________________ Hon. Claudia Wilken U.S. District Court Judge -3CASE NO. C 09-03087 CW SUPPLEMENTAL JOINT CASE MANAGEMENT STATEMENT

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