Tassone v. United of Omaha Life Insurance Company et al

Filing 44

MOTION by Plaintiff Gina Tassone for judgment pursuant to Rule 52 (Bartolic, Michael)

IN THE UNITED STATES DISTRICT
COURT NORTHERN DISTRICT OF
ILLINOIS EASTERN DIVISION
)
) Case No. 1:15-cv-08557
)
Plaintiff,
) Judge Robert W. Gettleman
)
vs.
) Magistrate Judge Susan E. Cox
)
UNITED OF OMAHA LIFE INSURANCE
)
COMPANY; and MIRAMED GLOBAL
)
SERVICES, INC. LONG-TERM DISABILITY )
PLAN,
)
)
Defendants.
)
)
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FEDERAL
RULE OF CIVIL PROCEDURE 52
GINA TASSONE,

Pursuant to Fed. R. Civ. P. 52(a), and this Court’s Order (ECF #35), Plaintiff, GINA
TASSONE, by and through her attorney MICHAEL BARTOLIC of ROBERTS BARTOLIC
LLP, hereby moves for the entry of judgment in her favor against Defendants. In support thereof,
movant submits and relies upon Plaintiff’s Proposed Findings of Fact (ECF #45) and
Memorandum of Law (ECF #46).
The Court should grant Plaintiff’s Motion for Entry of Judgment and award her past due
disability benefits, prejudgment interest payable thereon, and a declaratory judgment clarifying
her right to future benefits, so long as she meets the policy’s terms and conditions. 29 U.S.C.
§ 1132(a)(1)(B).

Plaintiff seeks reinstatement in the plan and benefits due to her since

September 1, 2014 in the amount of $3650.01 per month, equal to 60% of her pre-disability
earnings (Administrative Record at AR 3717 (hereinafter “AR-xxxx”)), less any offset for
benefits awarded by the Social Security Administration consistent with the policy’s terms
regarding deductible other income. (AR 0024). In addition, Plaintiff seeks prejudgment interest

on any past due benefits. Though Plaintiff sought attorney’s fees and costs under 29 U.S.C.
§ 1132(g) in the Complaint, Plaintiff reserves addressing that claim until after a decision on the
merits.
WHEREFORE, Plaintiff prays that judgment be entered on her behalf.

/s/ Michael Bartolic
Michael Bartolic
Roberts Bartolic LLP
208 South LaSalle Street
Suite 1420
Chicago, Illinois 60604
Phone: [phone]
Email: [e-mail]

CERTIFICATE OF SERVICE
The undersigned, an attorney, hereby certifies that on January 11, 2017 a copy of the
foregoing was served by operation of the Court’s electronic filing systems upon the following
counsel of record:

Edna S. Kersting
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
55 West Monroe Street, Suite 3800
Chicago, IL 60603
Tel: [phone]
Fax: [phone]
[e-mail]
/s/ Michael Bartolic
Michael Bartolic

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