Franks v. Aetna Life Insurance Company et al

Filing 50


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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MICHAEL FRANKS, an individual, 5 Plaintiff, 6 7 8 9 United States District Court For the Northern District of California 10 11 No. C 10-3880 CW v. AETNA LIFE INSURANCE COMPANY; THE SPRINT/UNITED MANAGEMENT COMPANY LONG TERM DISABILITY PLAN; and SPRINT/UNITED MANAGEMENT COMPANY, in its capacity as Plan Administrator, ORDER DENYING WITHOUT PREJUDICE DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (Docket No. 39) Defendants. ________________________________/ 12 13 For the reasons explained at the December 22, 2011 hearing, 14 Defendants' motion for summary judgment is denied without 15 prejudice, subject to refiling on or before January 23, 2012. 16 In advance of any further motion for summary judgment, the 17 parties shall do the following. 18 Plaintiff with a copy of the documents on which they rely in 19 charging an offset. 20 amount of social security benefits originally awarded to him and 21 provide a copy of the award letter, if possible, as well as the 22 basis for the award and any subsequent increases. 23 has lost the original award letter, Plaintiff shall make a good 24 faith effort to secure documentation of the award from the Social 25 Security Administration, and Defendants shall use the avenues at 26 their disposal to secure the missing information from the SSA. 27 The parties shall share this information with opposing counsel, as 28 soon as they acquire it. Defendants shall provide Plaintiff shall inform Defendants of the If Plaintiff 1 Before Defendants file a second motion for summary judgment, 2 they shall meet and confer with Plaintiff's counsel regarding the 3 correct benefit payment for each month at issue. 4 have not resolved the dispute, Defendants may file their second 5 motion for summary judgment, addressing the offset issue. 6 motions relating to attorneys' fees, costs and interest may be 7 made at a later date. 8 If the parties Any IT IS SO ORDERED. 9 United States District Court For the Northern District of California 10 11 Dated: 12/23/2011 CLAUDIA WILKEN United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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