Opinion
Case No. C11-03584 SI
11-15-2011
Mohammad Ashraf, Plaintiff, v. Loral Space Long Term Disability Plan; Life Insurance Company of North America, Defendants, and Loral Space Insurance and Health Benefits Plan, Nominal Defendant
SPRINGER-SULLIVAN & ROBERTS LLP Attorneys for Plaintiff Ashraf WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Attorneys for Defendants Life Insurance Company of North America, Loral Space Long Term Disability Plan, and for CIGNA Life Insurance Company of New York
ADRIENNE C. PUBLICOVER (SBN: 161432)
LAURA E. FANNON (SBN: 111500)
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
Attorneys for Defendants LORAL SPACE
LONG TERM DISABILITY PLAN,
LIFE INSURANCE COMPANY OF
NORTH AMERICA, and for CIGNA
LIFE INSURANCE COMPANY OF
NEW YORK
MICHELLE L. ROBERTS (SBN: 239092)
CASSIE SPRINGER-SULLIVAN (SBN:
221506)
SPRINGER-SULLIVAN & ROBERTS
LLP
Attorneys for Plaintiff,
MOHAMMAD ASHRAF
JOINT STIPULATION AND [PROPOSED]
ORDER SUBSTITUTING PARTY
Hon. Susan Illston
Plaintiff Mohammad Ashraf, Defendant Life Insurance Company of North America ("LINA"), and CIGNA Life Insurance Company of New York ("CLICNY") (collectively referred to as the "Parties") through their respective counsel stipulate as follows:
WHEREAS, on July 21, 2011, Plaintiff filed his Complaint in the above-entitled action naming the LINA as a Defendant and alleging that the Loral Space Long Term Disability Plan ("the Plan") was funded by a group insurance policy with LINA. Dkt. No. 1;
WHEREAS, on October 3, 2011, LINA and the Plan answered Plaintiff's Complaint and admitted Plaintiff's allegations with respect to LINA. Dkt. No. 10;
WHEREAS, upon further investigation by the Parties, they discovered that the Plan was funded by a group insurance policy with CLICNY rather than LINA, and that Plaintiff named the insurance company defendant in error;
WHEREAS, CLICNY and LINA are insurance company subsidiaries of CIGNA Corporation;
WHEREAS, both Parties stipulate and agree that CLICNY should be substituted as a party in this action in place of LINA;
WHEREAS, CLICNY hereby acknowledges actual notice of this suit and subjects itself to the jurisdiction of this court in this action.
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:
1. Defendant Life Insurance Company of North America shall be dismissed from this action without prejudice.
2. CIGNA Life Insurance Company of New York is substituted as a Defendant in place of LINA and subjects itself to the jurisdiction of this court in this action.
SPRINGER-SULLIVAN & ROBERTS LLP
Attorneys for Plaintiff Ashraf
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
Attorneys for Defendants Life Insurance Company
of North America, Loral Space Long Term
Disability Plan, and for CIGNA Life Insurance
Company of New York
PURSUANT TO STIPULATION, IT IS SO ORDERED.
1. Defendant Life Insurance Company of North America is hereby dismissed from this action without prejudice; and
2. CIGNA Life Insurance Company of New York is substituted as a party in this action in place of Life Insurance Company of North America.
Hon. Susan Illston
U.S. District Court Judge
SIGNATURE ATTESTATION
I, Michelle, L. Roberts, hereby attest that I have obtained the concurrence in the filing of the document from the other signatures on this document.
Michelle L. Roberts