Karels v. Wal-Mart Stores, Inc. et al

Filing 9

ORDER Granting 8 Stipulation of Dismissal as to Defendant Wal-Mart Stores, Inc., Only, Without Prejudice. Signed by Judge James C. Mahan on 06/21/2017. (Copies have been distributed pursuant to the NEF - NEV)

Case 2:17-cv-01039-JCM-VCF Document 8 Filed 06/20/17 Page 1 of 3

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Steven J. Parsons
Nevada Bar No. 363
LAW OFFICES OF STEVEN J. PARSONS
10091 Park Run Dr Ste 200
Las Vegas, NV 89145-8868
[phone]
[phone] – fax
[e-mail]
Scott E. Davis
Nevada Bar No. 8788
SCOTT E. DAVIS, P.C.
8360 E Raintree Dr Ste 140
Scottsdale, AZ 85260-2687
[phone]
[phone] – fax
[e-mail]
Attorneys for Plaintiff
KATHLEEN KARELS

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Plaintiff,

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Case No. 2:17-cv-1039-JCM-(VCF)

KATHLEEN KARELS, an individual,

vs.

WAL-MART STORES, INC., a Delaware
corporation; GROUP LONG TERM DISABILITY
17 PLAN FOR EMPLOYEES OF WAL-MART
STORES, INC., an employee welfare benefit
18 plan; and HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY, a Connecticut
19 corporation,

THE PARTIES STIPULATION AND
(PROPOSED) ORDER
TO DISMISS THE WAL-MART
DEFENDANTS, ONLY, WITHOUT PREJUDICE

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Defendants.

/

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The Parties, Plaintiff, KATHLEEN KARELS, (“Plaintiff” or “Karels”) by her attorneys,

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Steven J. Parsons of LAW OFFICES OF STEVEN J. PARSONS, and Scott E. Davis of SCOTT E. DAVIS,

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P.C.; Defendants HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, (“Hartford”) by its

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attorneys, Kristina N. Holmstrom of LEWIS ROCA ROTHGERBER CHRISTIE LLP; and WAL-MART

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STORES, INC., and GROUP LONG TERM DISABILITY PLAN FOR EMPLOYEES OF WAL-MART

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STORES, INC. (“Wal-Mart Defendants”) by their attorneys, J. Gordon Howard of RUSSELL &

Page 1 of 3

10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

Case 2:17-cv-01039-JCM-VCF Document 8 Filed 06/20/17 Page 2 of 3

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OLIVER, PLC of Memphis, Tennessee,1 hereby stipulate and agree, as follows:

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1.

Plaintiff served Wal-Mart Defendants with the Complaint on May 12, 2017;

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2.

The parties earlier stipulated to allow time for the parties to engage in

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discussions to see if Wal-Mart Defendants’ were necessary parties to this litigation. The

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stipulation was entered as an Order of the Court (Doc. # 7) on June 2, 2017;
3.

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Upon further inquiry and discussion between the Parties’ counsel, it was

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confirmed that there are no other employee benefits for Plaintiff, other than the disability

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benefits as set forth in Plaintiff’s Complaint, that her claims or the facts would implicate;
4.

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Defendant Hartford is an insurer, not the Plan. Defendant Hartford fully insured

the benefits of the Plan;
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The claims decision of Defendant Hartford would benefit or be to the detriment

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of only Defendant Hartford, therefore Defendant Hartford has a structural conflict of interest

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(in that it both funds and decides claims.)

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Therefore, the Parties hereby stipulate and agree that the Complaint as to the Wal-Mart

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Defendants, only, be dismissed, without prejudice, and that the Court enter its Order,

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accordingly.

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Further, the Parties also agree that they seek the Order of Dismissal to include that the

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Wal-Mart Defendants’ names be stricken from the caption of the case by the Clerk of the

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Court.

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Dated: Monday, June 19, 2017.
LAW OFFICES OF STEVEN J. PARSONS

/s/ Steven J. Parsons
Steven J. Parsons
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Attorneys for Plaintiff
KATHLEEN KARELS

LEWIS ROCA ROTHGERBER CHRISTIE LLP
/s/ Kristina N. Holmstrom
Kristina N. Holmstrom
Nevada Bar No. 10086
Attorneys for Defendant HARTFORD LIFE
AND ACCIDENT INSURANCE COMPANY

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Mr. Howard’s only participation in this case was to secure the dismissal of the WalMart Defendants, as provided for herein.

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]

Case 2:17-cv-01039-JCM-VCF Document 8 Filed 06/20/17 Page 3 of 3

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RUSSELL & OLIVER, PLC

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/s/ J. Gordon Howard
J. Gordon Howard
Tennessee Bar No. 026850

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Attorney for Wal-Mart Defendants

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ORDER

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IT IS SO ORDERED.

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Dated: June 21, 2017. , 2017.

U.S. DISTRICT/MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
NITED
I D
JUD

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10091 Park Run Drive, Suite 200
Las Vegas, Nevada 89145-8868
[phone]; fax [phone]
[e-mail]