Opinion
CASE NO. C09-05147 JSW.
February 10, 2010
PAMELA E. COGAN (SBN 105089), ROBERT M. FORM, JR. (SBN 180841), ROPERS, MAJESKI, KOHN BENTLEY, Redwood City, CA, Attorneys for Defendants, LIBERTY LIFE ASSURANCE COMPANY OF BOSTON and THE CHARLES SCHWAB DISABILITY PLAN.
SPRINGER-SULLIVAN ROBERTS LLP, MICHELLE L. ROBERTS, Attorneys for Plaintiff, KEVIN KINA.
STIPULATION AND [PROPOSED] ORDER DISMISSING THE CHARLES SCHWAB DISABILITY PLAN WITHOUT PREJUDICE
WHEREAS, this is an action arising under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. section 1132(a)(1) and (3);
WHEREAS, plaintiff Kevin Kina has named The Charles Schwab Disability Plan ("the Plan") as a defendant in this action;
WHEREAS, effective January 1, 2005, the long-term disability portion of the Plan was insured under a group disability income policy issued by Liberty Life Assurance Company of Boston to Charles Schwab Co., Inc., the sponsor of the Plan;
WHEREAS, Liberty Life Assurance Company of Boston agrees it will be liable for any judgment or settlement concerning the payment or non-payment of long term disability benefits to plaintiff that may result from this action as if it were the Plan;
IT IS HEREBY STIPULATED between the parties, by and through their respective counsel of record, that Liberty Life Assurance Company of Boston will be liable for any judgment or settlement concerning the payment or non-payment of long term disability benefits to plaintiff that may be entered or reached in this action as if it were the Plan.
IT IS FURTHER STIPULATED that the Plan is hereby dismissed from this action without prejudice, with each party to bear its own fees and costs.
IT IS SO STIPULATED.
ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Liberty Life Assurance Company of Boston will be liable for any judgment or settlement concerning the payment or non-payment of long term disability benefits to plaintiff that may be entered or reached in this action as if it were the Plan.IT IS FURTHER ORDERED that THE CHARLES SCHWAB DISABILITY PLAN shall be, and hereby is, dismissed from this action without prejudice, with each party to bear its own fees and costs.