Cascaddan v. The Prudential Insurance Company of America

Filing 20

ORDER granting 17 Stipulated Motion for De Novo Standard of Review; signed by Judge Ronald B. Leighton.(DN)

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THE HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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THOMAS CASCADDAN,
Case No. 3:17-cv-05402-RBL

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Plaintiff,
JOINT STIPULATION FOR DE
NOVO STANDARD OF REVIEW

v.
THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
Defendant.

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Plaintiff Thomas Cascaddan (“Cascaddan”) and Defendant The Prudential Insurance

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Company of America (“Prudential”) (collectively, “Parties”), by and through their respective

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counsel of record, hereby stipulate that for purposes of this case only, this Court shall apply a de

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novo standard of review to Prudential’s decision denying Cascaddan’s claim for long-term

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disability benefits at issue in this case, including without limit at trial, on summary judgment and

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in all other proceedings and hearings. The parties further stipulate that this matter will be heard

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on FRCP 52 motions for trial on the administrative record. Kearney v. Standard Ins. Co., 175

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F.3d 1084, 1095 (9th Cir. 1999).

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Prudential’s agreement that its decision shall be reviewed de novo is in recognition of the

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Ninth Circuit Court of Appeals’ decision in Orzechowski v. Boeing Co. Non-Union Long-Term

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Disability Plan, No. 14-55919, 2017 WL 1947883, __ F.3d __ (9th Cir. May 11, 2017), and

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applies only to the Court’s review in this particular case.

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JOINT STIPULATION FOR DE NOVO STANDARD OF REVIEW
(No.: 3:17-cv-05402-RBL) - 1
119219.0023/7064235.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]

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Notwithstanding anything in this Stipulation, the Parties agree that Prudential reserves its
right to assert that the abuse of discretion standard applies to its denial decision if, while this case
is still pending in this Court, (1) the Ninth Circuit grants a rehearing or a rehearing en banc in
Orzechowski; or (2) the United States Supreme Court grants certiorari in: (a) Orzechowski, or
(b) another case raising the same issue. The Parties further agree that, in the event that Prudential
elects to assert that the abuse of discretion standard applies, Prudential will promptly notify
Cascaddan of its intent and, moreover, Cascaddan will then have the right to file a motion to
determine the proper standard of review in this case even if the dispositive motion deadline has
passed.
The Parties jointly request their stipulation to be entered as an order of this Court
governing further proceedings in this action.
DATED: September 6, 2017.

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ROY LAW

LANE POWELL PC

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By s/ Chris Roy (per e-mail authorization)
Chris Roy, WSBA No. 29070
[e-mail]

By s/ David W. Howenstine________
D. Michael Reilly, WSBA No. 14674
[e-mail]
David W. Howenstine, WSBA No. 41216
[e-mail]

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Attorneys for Plaintiff
Thomas Cascaddan

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SEYFARTH SHAW LLP

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By s/ Tara Ellis
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Ian H. Morrison, Pro Hac Vice
[e-mail]
Tara Ellis, Pro Hac Vice
[e-mail]

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Attorneys for Defendant The
Prudential Insurance Company of America

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JOINT STIPULATION FOR DE NOVO STANDARD OF REVIEW
(No.: 3:17-cv-05402-RBL) - 2
119219.0023/7064235.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]

ORDER

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IT IS SO ORDERED. The Parties’ joint stipulation for de novo standard of review is
hereby APPROVED.
DATED this 13th day of September, 2017.

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_______________________________
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A

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Ronald B. Leighton
United States District Judge

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JOINT STIPULATION FOR DE NOVO STANDARD OF REVIEW
(No.: 3:17-cv-05402-RBL) - 3
119219.0023/7064235.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
P.O. BOX 91302
SEATTLE, WA 98111-9402
206.223.7000 FAX: [phone]