Opinion
Case No. 2:15-cv-01187-WBS-DB
08-31-2018
DEVRA BOMMARITO, an individual, Plaintiff and Counterdefendant, v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY and MARK MAJEWSKI, Defendant and Counterclaimant.
Sean P. Nalty (State Bar No. 121253) sean.nalty@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: (415) 442-4810 Facsimile: (415) 442-4870 Attorney for Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY
Sean P. Nalty (State Bar No. 121253)
sean.nalty@ogletreedeakins.com
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone: (415) 442-4810
Facsimile: (415) 442-4870 Attorney for Defendant and Counterclaimant
THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY
JUDGMENT
Complaint Filed: June 1, 2015
Current Trial Date: December 4, 2018
Judge: Hon. William B. Shubb
Pursuant to the stipulation of the parties signed on August 30, 2018, and the July 23, 2018 order granting Defendant NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY's motions for the Application of ERISA to this matter and for partial summary judgment, the Court hereby enters judgment in favor of Defendant and Counterclaimant THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, and against Plaintiff and Counterdefendant DEVRA BOMMARITO, on Plaintiff's Complaint for Breach of Contract and Breach of the Covenant of Good Faith and Fair Dealing filed in this matter.
Moreover, based on the stiplation of the parties, NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY'S counterclaim against Plaintiff and Counterdefendant DEVRA BOMMARITO is dismissed without prejudice.
The Court will determine the amount, if any, of costs of suit to which NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY is entitled in response to the appropriate post-judgment submissions and motion practice. IT IS SO ORDERED AND ADJUDICATED. Dated: August 31, 2018
/s/_________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE