Cheney v. Standard Insurance Company et al

Filing 38

MOTION by Defendants Long Term Disability Insurance, Standard Insurance Company for judgment , Standard Insurance Company's and the ERISA Plan's Motion for Entry of Judgment (Herring, Jacqueline)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
CAROLE CHENEY
Plaintiff
v.
STANDARD INSURANCE COMPANY,
and LONG TERM DISABILITY
INSURANCE
Defendants

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No. 1:13-cv-4269
Magistrate Judge Susan E. Cox

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

Plaintiff Carole Cheney seeks payment of long term disability benefits under a

group long term disability insurance policy (“Group Policy”) issued to Kirkland by Standard.
The Group Policy is governed by the Employee Retirement Income Security Act of 1974, 29
U.S.C. §1001 et seq. (“ERISA”).
2.

Standard correctly determined that Plaintiff failed to satisfy the terms and

conditions for payment of disability benefits under the Group Policy.
3.

Plaintiff fails to satisfy her burden of proving her eligibility for coverage and

entitlement to benefits under the Group Policy.
4.

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

WHEREFORE, defendants, STANDARD INSURANCE COMPANY and LONG TERM
DISABILITY INSURANCE, respectfully request entry of judgment in their favor, dismissal of
the Complaint with prejudice, and an award of their costs and reasonable attorneys’ fees under
29 U.S.C. §1132(g).
Respectfully submitted,

Jacqueline J. Herring (IL- 6282246)
Warren von Schleicher (IL- 6197189)
SMITH | VON SCHLEICHER + ASSOCIATES
180 N. LaSalle St. Suite 3130
Chicago, Illinois 60601
P 312.541.0300 | F 312.541.0933
[e-mail]
[e-mail]

By: /s/ Jacqueline J. Herring
Attorney for Defendants,
Standard Insurance Company and
Long Term Disability Insurance

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CERTIFICATE OF SERVICE
I hereby certify that on December 20, 2013, I electronically filed the foregoing with the Clerk of
the Court using the CM/ECF system, which will send notification of such filing on the following
attorneys:
Mark D. DeBofsky
DeBofsky & Associates, P.C.
200 W. Madison St., Suite 2670
Chicago, Illinois 60606
[e-mail]

/s/ Jacqueline J. Herring
SMITH | VON SCHLEICHER + ASSOCIATES
180 N. LaSalle St. Suite 3130
Chicago, Illinois 60601
P 312.541.0300 | F 312.541.0933
[e-mail]
Illinois Bar No. 6282246

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