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)

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
[phone]
[e-mail]

JAMES E. BRENNER (P11178)
Counsel for Defendant
500 Woodward Avenue, Ste 3500
Detroit, MI 48226
[phone]
[e-mail]

DATED:

DATED:8/8/2017

8/8/2017

216072277.3 12031/196890