Opinion
Civil Action 8:24-cv-00389 (GTS/DJS)
04-16-2024
TAMMY JUNE, Plaintiff, v. EEQUITABLE FINANCIAL LIFE INSURANCE COMPANY & TRUSTEES OF THE BUSINESS COUNCIL OF NEW YORK STATE, INC. INSURANCE FUND, Defendants.
Howard D. Olinsky (Bar Roll # 865591) OLINSKY LAW GROUP Attorneys for Plaintiff Brian P. Downey (Bar Roll No. 516126) TROUTMAN PEPPER HAMILTON SANDERS LLP Attorney for Defendant Equitable Financial Life Insurance Company
Howard D. Olinsky (Bar Roll # 865591)
OLINSKY LAW GROUP
Attorneys for Plaintiff
Brian P. Downey (Bar Roll No. 516126)
TROUTMAN PEPPER HAMILTON SANDERS LLP
Attorney for Defendant Equitable Financial Life Insurance Company
STIPULATION TO DISMISS TRUSTEES OF THE BUSINESS COUNCIL OF NEW YORK STATE, INC. INSURANCE FUND WITHOUT PREJUDICE AND TO AMEND CAPTION
Glenn T. Suddaby, U.S. District Judge
Plaintiff Heather Tammy June and Defendant Equitable Financial Life Insurance Company (“Equitable”), by their undersigned counsel, who are duly authorized to enter into this Stipulation, hereby agree to and stipulate the following:
1. Plaintiff Heather Tammy June seeks to recover long-term disability (“LTD”) benefits as the result of her participation in an employee benefit welfare plan sponsored by Defendant Trustees of the Business Council of New York State, Inc. Insurance Fund (“Plan”).
2. LTD benefits payable under the Plan are funded by an insurance policy issued by Equitable (“Policy”).
3. The decision to deny LTD benefits was made by Equitable.
4. To the extent the Court were to determine that Ms. June is entitled to LTD benefits pursuant to the terms of the Policy, those benefits will be payable by Equitable.
5. Based on the allegations contained in Plaintiff's Complaint, the parties stipulate that Trustees of the Business Council of New York State, Inc. Insurance Fund is not a necessary and indispensable party to the within action at this time.
6. Pursuant to Fed.R.Civ.P. 41(a)(1), Plaintiff's Complaint is dismissed without prejudice against Trustees of the Business Council of New York State, Inc. Insurance Fund only.
7. The parties further stipulate and agree that the caption shall be amended to change the only named defendant to “Equitable Financial Life Insurance Company.” A copy of the amended case caption is attached hereto as Exhibit A.
IT IS SO ORDERED: