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Insalaco v. United of Omaha Life Insurance Co.

United States District Court, Ninth Circuit, California, N.D. California
Aug 29, 2014
3:14-CV-02586-EMC (N.D. Cal. Aug. 29, 2014)

Opinion

          J. Russell Stedman, Peter J. Felsenfeld, BARGER & WOLEN LLP, San Francisco, California, Attorneys for Defendant UNITED OF OMAHA LIFE INSURANCE COMPANY.

          THE GREY LAW FIRM, P.C. REBECCA GREY, LAUREN CURTIES, Attorneys for Plaintiff Rhonda Insalaco.

          FOX ROTHSCHILD LLP, KEITH CHRESTIONSON, CHRISTINA S. CHEN, Attorneys for Defendant SWH MIMI'S CAFE, LLC (FKA SWH CORPORATION DBA MIMI'S CAFE).


          STIPULATION OF PARTIES FOR DISMISSAL OF DEFENDANT SWH MIMI'S CAFE, LLC (NAMED IN COMPLAINT AS SWH CORPORATION EMPLOYEE WELFARE BENEFIT PLAN); [PROPOSED] ORDER

          EDWARD M. CHEN, District Judge.

         The parties to this action, through their respective counsel, stipulate and agree as follows:

         1. WHEREAS Plaintiff Rhonda Insalaco ("Insalaco") has filed this action alleging the improper denial of long-term disability insurance benefits under an employee benefit plan;

         2. WHEREAS the Employee Retirement Income Security Act of 1974 ("ERISA"), and specifically, 29 U.S.C. § 1332(b)(l), provides that an employee benefit plan is an entity that may sue or be sued in an action brought pursuant to ERISA;

         3. WHEREAS 29 U.S.C. § 1332(d)(2) also provides that any money judgment against an employee benefit plan shall be enforced only against the Plan as an entity;

         4. WHEREAS defendant SWH Mimi's Cafe, LLC (fka SWH Corporation dba Mimi's Cafe), incorrectly named in the Complaint as SWH Corporation Employee Welfare Benefit Plan ("SWH"), the company that employed Insalaco, established and maintained an employee benefit plan (the "Plan");

         5. WHEREAS Insalaco is or was a participant in the Plan;

         6. WHEREAS the Plan is fully insured by defendant United of Omaha Life Insurance Company ("United of Omaha") under Group Policy GLTD-50J2 with respect to long-term disability benefits and United of Omaha has administered Insalaco's claim for long-term disability benefits;

         7. WHEREAS Insalaco has made no allegations regarding any erroneous or wrongful acts of SWH, other than acts made on its behalf by Mutual of Omaha in respect to her claim;

         8. WHEREAS the parties hereto have agreed that if, at the conclusion of this lawsuit, it is determined that Insalaco is entitled to long-term disability benefits under the Plan, any benefit to which Insalaco is entitled will be paid by United of Omaha under the United of Omaha policy (subject to its terms and conditions), and any such benefits will not be paid by SWH.

         9. WHEREAS, because the Plan is fully insured by United of Omaha's policy and United of Omaha made the claim decision at issue, SWH is a nominal party and should not be required to actively participate in this suit.

         IT IS THEREFORE AGREED AND STIPULATED by the parties (through their respective counsel of record) that SWH be dismissed, without prejudice, pursuant to Rule 41(a)(l)(A)(ii) of the Federal Rules of Civil Procedure.

          ORDER

         Based upon the foregoing Stipulation, and good causes appearing therefore, Defendant SWH Mimi's Cafe, LLC (fka SWH Corporation dba Mimi's Cafe), incorrectly named herein as SWH Corporation Employee Welfare Benefit Plan, shall be and hereby is dismissed from this case without prejudice.

         PURSUANT TO THE STIPULATION, IT IS SO ORDERED.


Summaries of

Insalaco v. United of Omaha Life Insurance Co.

United States District Court, Ninth Circuit, California, N.D. California
Aug 29, 2014
3:14-CV-02586-EMC (N.D. Cal. Aug. 29, 2014)
Case details for

Insalaco v. United of Omaha Life Insurance Co.

Case Details

Full title:RHONDA INSALACO, Plaintiff, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, SWH…

Court:United States District Court, Ninth Circuit, California, N.D. California

Date published: Aug 29, 2014

Citations

3:14-CV-02586-EMC (N.D. Cal. Aug. 29, 2014)