Ball v. Standard Insurance Company et al

Filing 103

MOTION by Defendants Group Long Term Disability Insurance Policy, Standard Insurance Company for judgment , Entry of Judgment (von Schleicher, W.)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
)
Plaintiff,
)
)
v.
)
)
STANDARD INSURANCE COMPANY )
and GROUP LONG TERM DISABILITY )
INSURANCE POLICY,
)
)
Defendants.
)
SUSAN H. BALL,

No. 09 C 3668
Magistrate Judge Arlander Keys

STANDARD INSURANCE COMPANY’S AND THE ERISA PLAN’S
MOTION FOR ENTRY OF JUDGMENT
Defendants, STANDARD INSURANCE COMPANY and GROUP LONG TERM
DISABILITY INSURANCE POLICY (“Defendants”), by their attorney, Warren von
Schleicher of Smith, von Schleicher & Associates, hereby submit their Motion for Entry of
Judgment, pursuant to Fed. R. Civ. P. 52(a):
1.

Defendants correctly determined that Plaintiff, Susan Ball, failed to satisfy the

conditions for payment of disability benefits under the terms of the ERISA Plan.
2.

Plaintiff fails to satisfy her burden of proving she continuously satisfied the Group

Policy’s definition of Disability from January 7, 2008 through the end of the Benefit Waiting
Period on April 11, 2008.
3.

Accordingly, judgment should be entered in favor of Standard and the Plan.

WHEREFORE, Defendants, STANDARD INSURANCE COMPANY and GROUP
LONG TERM DISABILITY INSURANCE POLICY, respectfully request entry of judgment in

their favor, dismissal of Plaintiff’s Complaint with prejudice, and an award of costs and
attorneys’ fees incurred in this action under 29 U.S.C. §1132(g).
Respectfully submitted,

Warren von Schleicher
By: /s/ Warren von Schleicher
SMITH | VON SCHLEICHER + ASSOCIATES
Attorney for Defendants,
180 N. LaSalle St. Suite 3130
Standard Insurance Company and
Chicago, Illinois 60601
Group Long Term Disability Insurance Policy
P: 312-541-0300
F: 312-541-0933
[e-mail]
Ill. Bar No. 6197189

CERTIFICATE OF SERVICE
I hereby certify that on December 19, 2011, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which will send notification of such filing to the attorney
of record listed below:
David A. Bryant
Daley, DeBofsky & Bryant
55 W. Monroe St. Suite 2440
Chicago, Illinois 60603
[e-mail]
/s/ Warren von Schleicher
Warren von Schleicher
SMITH | VON SCHLEICHER + ASSOCIATES
180 North LaSalle St. Suite 3130
Chicago, Illinois 60601
P: 312-541-0300
F: 312-541-0933
[e-mail]
Ill. Bar No. 6197189