Nagy v. Group Long Term Disability Plan For Employees of Oracle America, Inc. et al

Filing 173

ORDER REGARDING JUDGMENT FOR OWN OCCUPATION BENEFITS. Signed by Judge Haywood S. Gilliam, Jr. on 8/22/2018. (ndrS, COURT STAFF) (Filed on 8/22/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVE NAGY,
Plaintiff,

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v.

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United States District Court
Northern District of California

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Case No. 14-cv-00038-HSG
ORDER REGARDING JUDGMENT
FOR “OWN OCCUPATION” BENEFITS

GROUP LONG TERM DISABILITY PLAN
FOR EMPLOYEES OF ORACLE
AMERICA, INC., et al.,
Defendants.

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On June 9, 2016, this Court entered judgment awarding Plaintiff, Dave Nagy, $31,106.70

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in benefits plus $5,000 prejudgment interest, and remanding this case to Defendants for

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consideration of additional benefits under the “any occupation” definition of disability. This

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judgment was appealed by Defendants to the Ninth Circuit Court of Appeals. On September 9,

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2016, Defendants posted $50,000 cash with the Clerk of this Court to secure payment of the

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judgment. On June 21, 2018, the Ninth Circuit issued its Memorandum in which it affirmed this

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judgment, but reversed and remanded the related appeal on attorney’s fees. A mandate issued

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from the Ninth Circuit on July 16, 2018. The parties have met and conferred, Dkt. No. 171, and

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state that they agree as follows:

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The Clerk shall pay the sum of $36,106.70 plus post-judgment interest of $1,217 for a total

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of $37,323.70 from the $50,000 deposited by Defendants on September 9, 2016, payable to Dave

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Nagy, and delivered to Mr. Nagy’s counsel, Laurence F. Padway. The Clerk shall remit the

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balance of the deposit to Defendants, by delivery to Michael B. Bernacchi, counsel for

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Defendants.

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//

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Upon payment being made by the Clerk, the judgment of June 9, 2016, shall be satisfied.

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The Clerk is directed to close the case.

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IT IS SO ORDERED.

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Dated: 8/22/2018
______________________________________
HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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