Garcia v. Berkshire Life Ins, et al

Filing 479

ORDER re: 478 USCA Mandate. Berkshire is entitled to withhold up to twenty-five percent (25%) of $2,530 (i.e., approximately $600) from each payment it makes until the entire judgment owed by Ms. Garcia to Berkshire is fully paid. By Judge Lewis T. Babcock on 08/30/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO LEWIS T. BABCOCK, JUDGE Civil Case No. 04-cv-01619-LTB-BNB TINA GARCIA, Plaintiff, v. BERKSHIRE LIFE INSURANCE COMPANY OF AMERICA, a wholly owned Subsidiary of The Guardian Life Insurance Company of America, and THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA, a foreign Insurance Company, Defendants. ______________________________________________________________________ ORDER _______________________________________________________________________ On August 25, 2010, mandate issued from the Tenth Circuit Court of Appeals upon its Order and Judgment issued by the Tenth Circuit Court of Appeals on August 3, 2010. In that Order and Judgment, the Tenth Circuit stated: "In sum, this case supports Berkshire's argument that Ms. Garcia's disability payments (`earnings' under the relevant statutes) can be set-off up to the statutory exemption levels. We thus agree that Berkshire is entitled to withhold up to twenty-five percent of $2,530 (i.e., approximately $600) from each payment it makes, until the entire judgment owed by Ms. Garcia to Berkshire is fully paid." This Court's Order on appeal was reversed and remanded for further proceedings consistent with the Tenth Circuit's Order and Judgment. Accordingly

IT IS ORDERED that Berkshire is entitled to withhold up to twenty-five percent (25%) of $2,530 (i.e., approximately $600) from each payment it makes until the entire judgment owed by Ms. Garcia to Berkshire is fully paid. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE DATED: August 30, 2010