Whisnant v. The Prudential Insurance Company of America

Filing 22

Order by Hon. Lucy H. Koh granting 21 Stipulation as to Standard of Review.(lhklc3, COURT STAFF) (Filed on 4/25/2012)

Case5:11-cv-05591-LHK Document21 Filed04/24/12 Page1 of 2

1 Linda M. Lawson (Bar No. 77130)
[e-mail]
2 Jason A. James (Bar No. 265129)
[e-mail]
3 MESERVE, MUMPER & HUGHES LLP
300 South Grand Avenue, 24th Floor
4 Los Angeles, California 90071-3185
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
THE PRUDENTIAL INSURANCE COMPANY
7 OF AMERICA
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 BRIAN WHISNANT,
Plaintiff,

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vs.

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14 THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
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Defendant.
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Case No. CV11-05591 LHK
STIPULATION AS TO
STANDARD OF REVIEW
Judge: Hon. Lucy H. Koh
AND ORDER

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WHEREAS, this matter involves the denial of a claim for disability benefits

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19 under a group disability policy governed by the Employee Retirement Income
20 Security Act of 1974, 29 U.S.C. § 1001, et seq. (“ERISA”);
WHEREAS, the parties have come to an agreement regarding the applicable

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22 standard of review in this particular case;
WHEREAS, the parties’ agreement as to the standard of review pertains solely

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24 to this particular case and does not give rise to any waiver or prejudice in any future
25 cases brought against defendant THE PRUDENTIAL INSURANCE COMPANY OF
26 AMERICA (“Prudential”);
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LAW OFFICES

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MESERVE,
MUMPER &
HUGHES LLP

125224.1

Case No. CV11-05591 LHK
STIPULATION AS TO STANDARD OF
REVIEW

Case5:11-cv-05591-LHK Document21 Filed04/24/12 Page2 of 2

IT IS HEREBY STIPULATED AND AGREED as follows by and between

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2 the parties hereto through their respective attorneys of record:
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1.

The parties agree that this Court shall apply a de novo standard of

4 review in this case. This Stipulation regarding the appropriate standard of review is
5 specifically limited to the facts and circumstances of this particular case.
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IT IS SO STIPULATED.

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10 Dated: April 24, 2012

Charles B. Perkins
FLYNN, ROSE & PERKINS

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By: //s/Charles B. Perkins
Charles B. Perkins
Attorney for Plaintiff
BRIAN WHISNANT

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Dated: April 24, 2012

Linda M. Lawson
Jason A. James
MESERVE, MUMPER & HUGHES LLP

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By: //s/Jason A. James
Jason A. James
Attorneys for Defendant
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA

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IT IS SO ORDERED.

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Dated: April

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, 2012
Hon. Lucy H. Koh
Judge, United States District Court

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LAW OFFICES

2

MESERVE,
MUMPER &
HUGHES LLP

125224.1

Case No. CV11-05591 LHK
STIPULATION AS TO STANDARD OF
REVIEW