Stratton v. Life Insurance Company of North America et al

Filing 61

ORDER (1) Denying as Moot 57 Motion for Attorney Fees and Costs and (2) Setting Status Conference. Given that the Parties have negotiated and Defendant has paid Plaintiff's fee claim, the Court DENIES AS MOOT Plaintiff's pending Motion (ECF No. 57 ). Further, as requested by the Parties, the Court SETS this matter for a status conference on 9/8/2022 at 1:30 PM, to be vacated if the Acknowledgment of Satisfaction of Judgment is filed prior to that date. Signed by Judge Janis L. Sammartino on 8/2/2022. (tcf)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MAUREEN STRATTON, Case No.: 20-CV-2037 JLS (NLS) Plaintiff, 12 13 v. 14 LIFE INSURANCE COMPANY OF NORTH AMERICA, 15 16 ORDER (1) DENYING AS MOOT MOTION FOR ATTORNEY FEES AND COSTS AND (2) SETTING STATUS CONFERENCE Defendant. (ECF Nos. 57, 60) 17 18 Presently before the Court are Plaintiff Maureen Stratton’s Motion for an Award of 19 Plaintiff’s Attorneys’ Fees and Costs and Prejudgment Interest (“Mot.,” ECF No. 57) and 20 the Parties’ Joint Report re Status of Attorney Fee Claim (“Joint Br.,” ECF No. 60). The 21 Joint Brief indicates that the Parties informally negotiated the fee claim, which Defendant 22 Life Insurance Company of North America has paid; but that there is an outstanding issue 23 of two benefit periods that were not fully paid, which Defendant is investigating. Joint Br. 24 at 1–2. Accordingly, the Parties “respectfully request the Court set this case for a status 25 conference in thirty (30) days, to be vacated if the Acknowledgement of Satisfaction of 26 Judgment[ ]is filed before then.” Id. at 2. 27 Given that the Parties have negotiated and Defendant has paid Plaintiff’s fee claim, 28 the Court DENIES AS MOOT Plaintiff’s pending Motion (ECF No. 57). Further, as 1 20-CV-2037 JLS (NLS) 1 requested by the Parties, the Court SETS this matter for a status conference at 1:30 p.m. 2 on September 8, 2022, to be vacated if the Acknowledgment of Satisfaction of Judgment 3 is filed prior to that date. 4 5 IT IS SO ORDERED. Dated: August 2, 2022 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 20-CV-2037 JLS (NLS)

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