Greenwald v. Liberty Life Assurance Company of Boston et al

Filing 35

AMENDED ORDER regarding Suggestion of Remand 33 ; Proceedings on Greenwald's second claim shall be stayed pending an administrative review of Greenwald's request for long-term disability benefits as set forth below. Greenwald's f irst and third claims shall continue to proceed before this Court. On or before June 4, 2012, defendants shall tender to the Court the unredacted administrative record developed in connection with Greenwald's short-term disability claim, whic h shall include the short-term disability and long-term disability plan documents. Greenwald's pending Motion for Order Directing Defendants to File Administrative Record (filing 31) is hereby deemed withdrawn. The parties shall file a status report every 60 days, beginning July 2, 2012, to advise the Court of the current status of the administrative review on remand. This order amends the previous order of May 3, 2012, adopting the parties' stipulation 34 . The clerk shall set and reset case management deadlines in this case accordingly. Ordered by Judge John M. Gerrard. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TODD GREENWALD,
Plaintiff,

4:12-CV-3034

vs.
LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON; WELLS
FARGO & COMPANY; WELLS
FARGO & COMPANY SHORT-TERM
DISABILITY PLAN; WELLS FARGO
& COMPANY LONG-TERM
DISABILITY PLAN,

AMENDED ORDER ON PARTIES’
STIPULATION FOR REMAND

Defendants.
This matter is before the Court on the parties’ jointly filed Suggestion
of Remand as to Plaintiff’s Second Claim (filing 33). Plaintiff Todd Greenwald
brings this case under the Employee Retirement Income Security Act
(ERISA), 29 U.S.C. §§ 1001 et seq. Filing 1. Greenwald asserts three claims
for relief. His first and second claims seek to recover benefits allegedly due to
him under the short-term disability and long-term disability plans
administered by the respective defendants. Filing 1, at ¶¶ 22–38. His third
claim is for statutory penalties available for defendants’ alleged violations of
ERISA provisions requiring production of certain documents upon request.
Filing 1, at ¶¶ 39–46.
Pursuant to the jointly filed Suggestion of Remand (filing 33), the
parties have stipulated that Greenwald’s second claim, for benefits under the
long-term disability plan, should be remanded for administrative review. The
parties have also agreed upon the procedures and deadlines that will govern
this review process. Pending this review, proceedings will be stayed as to
Greenwald’s second claim. Greenwald’s remaining claims shall continue to
proceed before the Court.
Accordingly, pursuant to the terms of the parties’ stipulation,
IT IS ORDERED:

1.

Proceedings on Greenwald’s second claim shall be stayed pending
an administrative review of Greenwald’s request for long-term
disability benefits as set forth below. Greenwald’s first and third
claims shall continue to proceed before this Court.

2.

Greenwald will submit any and all documentation he desires to
be considered on remand on or before June 18, 2012. Greenwald
shall deliver this documentation to defendants’ counsel of record,
who shall provide it to defendant Liberty Life Assurance
Company of Boston (“Liberty Life”).

3.

The deadline for Liberty Life to complete its initial evaluation on
remand and to issue an initial determination regarding
Greenwald’s claim will be 45 days after defendants’ counsel
receives confirmation from Greenwald that he has submitted all
documentation that he wishes to be considered by Liberty Life.
Provided, however, that Liberty Life may obtain a 45-day
extension, on terms allowed by ERISA, upon notice prior to
expiration of the initial evaluation period. In the course of its
evaluation, Liberty Life may obtain the advice and
recommendations of appropriate third parties as permitted by
ERISA. The initial determination on remand shall be provided to
Greenwald via delivery to his counsel. If the determination is
adverse, Liberty Life will also provide a copy of the
administrative record for the determination.

4.

If the initial determination is adverse, Greenwald will provide
any appeal, along with any supporting documentation, in writing,
to defendants’ counsel of record, within 45 days of receipt of the
adverse determination by Greenwald’s counsel. Defendants’
counsel shall provide the appeal and supporting documentation
to Liberty Life. Liberty Life’s appeal determination in such case
shall be due 45 days after receipt of confirmation from
Greenwald’s counsel that Greenwald does not intend to submit
any additional information. Provided, however, that Liberty Life
may obtain a 45-day extension, on terms allowed by ERISA, upon
notice prior to expiration of the initial appeal evaluation period.
If Greenwald does not submit an appeal as provided above,
defendants’ counsel will notify the Court as to whether benefits
were approved or denied on remand, and, if warranted, submit a
motion to lift the stay and for further proceedings.
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5.

The parties may agree among themselves on an extension of any
of the deadlines established herein, with notice to the Court of
the revised schedule. If the parties are unable to agree regarding
any such extension, the party desiring the extension may petition
the Court to revise the appropriate deadlines.

6.

On or before June 4, 2012, defendants shall tender to the Court
the unredacted administrative record developed in connection
with Greenwald’s short-term disability claim, which shall include
the short-term disability and long-term disability plan
documents. Access to the unredacted administrative record shall
be restricted to counsel of record and court personnel pursuant to
NECivR 5.0.3(c) and the E-Government Act of 20021, and the
parties are hereby granted permission to file unredacted
documents in this case with restricted access.

7.

Greenwald’s pending Motion for Order Directing Defendants to
File Administrative Record (filing 31) is hereby deemed
withdrawn.

8.

The parties shall file a status report every 60 days, beginning
July 2, 2012, to advise the Court of the current status of the
administrative review on remand. This order amends the
previous order of May 3, 2012, adopting the parties’ stipulation
(filing 34); the clerk shall set and reset case management
deadlines in this case accordingly.

Dated this 16th day of May, 2012.
BY THE COURT:

John M. Gerrard
United States District Judge

Pub.L. No. 107–347, § 205, 116 Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501
note (2006)).
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