Abajian v. Sun Life Assurance Company of Canada

Filing 13

ORDER by Judge Richard A Jones. The court GRANTS the parties' stipulation 12 of dismissal and to remand to state court. (CL)

HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re ARAM CHRISTIAN ABAJIAN, JR.,

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Deceased.

CASE NO. C13-241RAJ
ORDER

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This matter comes before the court on a stipulation (Dkt. # 12) to dismiss certain

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claims and remand the remainder to King County Superior Court. Counsel for Lisa

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Sullivan, the surviving spouse of the deceased, has signed the stipulation, as has counsel

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for Sun Life Assurance Company of Canada (“Sun Life”), as has the deceased’s child’s

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guardian ad litem. The stipulation refers to Ms. Sullivan as the “plaintiff/petitioner” and

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Sun Life as the defendant, although the court cannot ascertain if those labels accurately

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reflect the status of the parties.

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What the court can ascertain is that Ms. Sullivan and Sun Life have resolved the

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dispute that led Sun Life to remove the case to this court. They jointly request that the

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court dismiss that claim, which apparently arose under the Employee Retirement Income

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Security Act of 1974 (“ERISA”), then remand what remains of this probate action to

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King County Superior Court.

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The court grants the relief that the parties request. The court DISMISSES Ms.

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Sullivan’s claims against Sun Life with prejudice and without costs or attorney fees to

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ORDER – 1

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any party, and directs the clerk to REMAND the remainder of this probate action to King

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County Superior Court.

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DATED this 3rd day of May, 2013.

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A

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The Honorable Richard A. Jones
United States District Court Judge

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ORDER – 2