Dyke v. Hartford Life and Accident Insurance Company

Filing 15

ORDER granting 14 Stipulation to Vacate Scheduling Order. In the event that the parties are unable informally to resolve the issue of attorneys fees, the parties agree that Dyke may have through June 19, 2015 in which to file a motion for attorneys fees. Signed by Magistrate Judge Carl W. Hoffman on 5/19/2015. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:14-cv-02009-APG-CWH Document 14 Filed 05/18/15 Page 1 of 2

1 Ann-Martha Andrews
State Bar No. 7585
2 E-mail: [e-mail]
Todd D. Erb
3 State Bar No. 12203
E-mail: [e-mail]
4 LEWIS ROCA ROTHGERBER LLP
3993 Howard Hughes Pkwy, Suite 600
5 Las Vegas, NV 89169-5996
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Defendant Hartford Life and
Accident Insurance Company
8

3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

9

UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11 GENIA DYKE,
Plaintiff,

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13

No. 2:14-cv-02009-APG-CWH
STIPULATION TO VACATE
SCHEDULING ORDER

vs.

14 HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY, as Claims
15 Administrator for the Group Long Term
Disability Plan for Employees of NV
16 Energy; DOES I through V; and ROE
Corporations I through V, inclusive,
17
Defendants.
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Plaintiff Genia Dyke and defendant Hartford Life and Accident Insurance

21 Company stipulate to vacate the Scheduling Order (Dkt. # 11, # 13).
22

This is an ERISA-governed dispute over disability insurance benefits. See

23 Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. Hartford
24 has elected to reinstate Dyke’s claim for benefits. As a result, Dyke’s Complaint,
25 asserting a claim for benefits under 29 U.S.C. § 1132(a)(1)(B), has become moot.
26

Dyke is entitled to move for attorneys’ fees under 29 U.S.C. § 1132(g). The

27 parties will attempt to resolve the fee issue informally. If the parties successfully
28 resolve the fee issue, they will file a stipulation to dismiss the lawsuit on or before
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Case 2:14-cv-02009-APG-CWH Document 14 Filed 05/18/15 Page 2 of 2

1 June 19, 2015.
2

In the event that the parties are unable informally to resolve the issue of

3 attorneys’ fees, the parties agree that Dyke may have through June 19, 2015 in which
4 to file a motion for attorneys’ fees.
5

DATED this 18th day of May 2015.

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7

LAW OFFICE OF JULIE A. MERSCH

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BY:/s/Julie A. Mersch (with permission)
JULIE A. MERSCH
Nevada Bar No. 4695
10
701 South Seventh Street
Las Vegas, Nevada 89101
11
Attorney for Plaintiff
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3993 Howard Hughes Pkwy, Suite 600 
Las Vegas, NV 89169‐5996 

9

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LEWIS AND ROCA LLP

BY: /s/ Ann-Martha Andrews
ANN-MARTHA ANDREWS
Nevada Bar No. 7585
TODD D. ERB
Nevada Bar No. 12203
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169
Attorneys for Defendant Hartford and
Accident Life Insurance Company

ORDER
IT IS SO ORDERED.

IT IS SO ORDERED:

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United States Magistrate Judge
Dated: May 19, 2015
DATED:

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