Opinion
22-cv-03717-RS
04-17-2023
KRIS BAKER, Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.
ORDER REGARDING STIPULATION
RICHARD SEEBORG CHIEF UNITED STATES DISTRICT JUDGE
The parties have stipulated that “this case is governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) and that the Court's review of [defendant's] denial decision will be de novo.” The parties seek an order to that effect.
While it seems unlikely the court will ultimately reach a legal conclusion that ERISA does not apply or that a different standard of review applies, it would be inappropriate to so rule without some consideration of the merits, which is not presented by a stipulation of the parties.
IT IS SO ORDERED.