Franks v. Aetna Life Insurance Company et al

Filing 50

ORDER by Judge Claudia Wilken DENYING WITHOUT PREJUDICE DEFENDANTS' 39 MOTION FOR SUMMARY JUDGMENT. (ndr, COURT STAFF) (Filed on 12/23/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MICHAEL FRANKS, an individual,

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Plaintiff,

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United States District Court
For the Northern District of California

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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.
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For the reasons explained at the December 22, 2011 hearing,

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Defendants' motion for summary judgment is denied without

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prejudice, subject to refiling on or before January 23, 2012.

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In advance of any further motion for summary judgment, the

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parties shall do the following.

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Plaintiff with a copy of the documents on which they rely in

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charging an offset.

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amount of social security benefits originally awarded to him and

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provide a copy of the award letter, if possible, as well as the

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basis for the award and any subsequent increases.

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has lost the original award letter, Plaintiff shall make a good

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faith effort to secure documentation of the award from the Social

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Security Administration, and Defendants shall use the avenues at

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their disposal to secure the missing information from the SSA.

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The parties shall share this information with opposing counsel, as

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soon as they acquire it.

Defendants shall provide

Plaintiff shall inform Defendants of the

If Plaintiff

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Before Defendants file a second motion for summary judgment,

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they shall meet and confer with Plaintiff's counsel regarding the

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correct benefit payment for each month at issue.

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have not resolved the dispute, Defendants may file their second

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motion for summary judgment, addressing the offset issue.

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motions relating to attorneys' fees, costs and interest may be

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made at a later date.

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If the parties

Any

IT IS SO ORDERED.

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United States District Court
For the Northern District of California

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Dated: 12/23/2011

CLAUDIA WILKEN
United States District Judge

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