Pfenning v. Farmers Group, Inc. Employee Prepaid Benefit Plan et al

Filing 37

JUDGMENT ORDER AWARDING PLAINTIFF'S FEES, COSTS AND PREJUDGMENT INTEREST - Signed by Judge Thomas M. Rose on 10-27-2017. (de)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

DOUGLAS PFENNING

:
CASE NO. 3:14-cv-00471-TMR

Plaintiff

:
JUDGE THOMAS M. ROSE

vs.

:

LIBERTY LIFE ASSURANCE
COMPANY OF BOSTON

:

:
Defendant.

JUDGMENT ORDER
AWARDING PLAINTIFF'S FEES,
COSTS, AND PREJUDGMENT
INTEREST

:

The Court rendered judgment on the administrative record in favor of the Plaintiff on
June 28, 2017 (Doc. 31 and Clerk's Judgment Doc. 32).
On August 3, 2017, Plaintiff filed his Motion for Attorney Fees and Costs (Doc. 33);
Defendant responded to Plaintiff's Motion on August 23, 2017 (Doc. 34); and Plaintiff filed his
Reply on September 6, 2017 (Doc. 35). On October 19, 2017, the Court ruled in favor of
Plaintiff's Motion for Attorney Fees and Costs (Doc. 36) and granted prejudgment interest at the
following rates: 3% for 2014; 3% for 2015; 3% for 2016; and 4% for 2017.
It is therefore Ordered that:
1.

Defendant shall pay Attorney Fees to Plaintiff for litigation of the claim in
District Court and the Court of Appeals in the amount of $120,362.00;

2.

Defendant shall pay costs to Plaintiff in the amount of $905.00; and

3.

Defendant shall pay prejudgment interest on the net amount of benefits
wrongfully withheld from Plaintiff, after Social Security offset was taken.

Prejudgment interest is calculated as follows:

(1) $1,636.40 (LTD payment per month) x 9 months (March 19, 2014 – December 31,
2014) = $14,727.60 (total LTD benefits owed for this period) x 3% = $441.83 (total amount of
prejudgment interest in 2014);
(2) $1,636.40 x 12 months (January 1, 2015 - December 31, 2015) = $19,636.80 (total
LTD benefits owed for this period) x 3% = $589.10 (total amount of prejudgment interest owed
in 2015);
3) $1,636.40 x 3 months (January 1, 2016 - March 19, 2016) = $4,909.20 (total LTD
benefits owed for this period) x 3% = $147.27 (total amount of prejudgment interest in 2016);
4) March 20, 2016 - December 31, 2016 - Total amount owed for own occupation period
is $39,273.60 x 3% = $1,178.20 (annual interest) / 12 months = $98.18 per month x. 8 months =
$785.44.
5) January 1, 2017 - June 28, 2017 - Total amount owed for own occupation period is
$39,273.60 x 4% = $1,570.94 (annual interest) / 12 months = $130.91 per month x. 7 months =
$916.38.
Therefore, the total amount of prejudgment interest owed to Mr. Pfenning is $2,880.02.
This proposed judgment has been reviewed by the attorneys of record who have sought
the approval and consent of their clients. All parties agree that there will be no objection to the
calculations or form of this Order.
SO ORDERED.

October 27, 2017

s/Thomas M. Rose

Thomas M. Rose
United States District Judge