SUN v. United Of Omaha Life Insurance Company et al

Filing 27

STIPULATED ORDER FOR ENTRY JUDGMENT Signed by District Judge Victoria A. Roberts. (CPin)

Download PDF
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JULIE SUN, Case No. 2:16-cv-11339-VAR-RSW Plaintiff/Counter-Defendant, Hon. Victoria A. Roberts -vsUNITED OF OMAHA LIFE INSURANCE COMPANY, a foreign corporation, Defendant/Counter-Plaintiff. ___________________________________________________________________________/ STIPULATED ORDER FOR ENTRY OF JUDGMENT This matter is before the Court upon the agreement of the Plaintiff and Defendant as evidenced by the below signatures, for entry of Judgment against both Plaintiff and Defendant. The Court finds good cause for entry of this Judgment and is otherwise fully advised in the premises. NOW THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED as follows: 1. Julia Sun (“Sun”) is awarded $56,398.25 in damages against United of Omaha Life Insurance Company (“Omaha”) for disability benefits through August 8, 2017 (the “Benefit Amount”). 2. Sun is awarded $16,850.00 in attorney fees against Omaha (“Fees”). 3. Omaha is awarded $25,476.67 in damages against Sun for retrospective social security payments (“Offset Amount”). 4. Sun’s aggregate awarded damages shall equal the Benefit Amount, plus Fees, less the Offset Amount, for a total of $47,771.58 (the “Aggregate Award”). 216072277.3 12031/196890 5. Omaha shall, within 7 days of entry of this Order, pay the Aggregate Award as follows: (a) $16,850.00 payable to Sun’s counsel Larry R. Kipke; and (b) $30,921.58 payable to Sun. 6. This Court shall retain jurisdiction to enforce the terms of this Judgment, including, but not limited to, any and all post-judgment collection actions or proceedings undertaken by Plaintiffs to collect or otherwise enforce this Judgment. 7. This Judgment resolves all issues with respect to Sun’s claim for disability benefits from Omaha from April 6, 2013 to August 8, 2017. 8. This Judgment shall be final upon entry hereof, and any and all rights of appeal, whether by right or permission, in regard to Plaintiff's long term disability benefits for the time period of April 6, 2013 to August 8, 2017 for any reason whatsoever, are waived by all parties. s/Victoria A. Roberts VICTORIA A. ROBERTS United States District Judge Dated: August 10, 2017 STIPULATED AND AGREED TO: /s/Larry R. Kipke /s/James E. Brenner LARRY R. KIPKE (P39926) Counsel for Plaintiff 105 Cass Avenue Mount Clemens, MI 48043-2203 (586) 468-5819 JAMES E. BRENNER (P11178) Counsel for Defendant 500 Woodward Avenue, Ste 3500 Detroit, MI 48226 (313) 965-3300 DATED: DATED:8/8/2017 8/8/2017 216072277.3 12031/196890

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?