Opinion
Case No. 1:05 CV 143 DWW (LJo).
October 25, 2005
GALTON HELM LLP, MICHAEL B. BERNACCHI, State Bar No. 163657, Los Angeles, California, Attorneys for HARTFORD LIFE INSURANCE COMPANY.
ROBERT J. ROSATI, Attorneys for Plaintiff JOANNE LECZNAR.
STIPULATION AND ORDER TERMINATING ACTION
COMES NOW, Defendant E.F. Hutton Company and Designated Affiliates' Long Term Disability Employees Benefits Plan (the "LTD Plan") and Plaintiff Joanne Lecznar ("Plaintiff") by and through their respective counsel and stipulate as follows:
1. WHEREAS, Plaintiff became disabled from her employment at E.F. Hutton and Company in or around 1982 due to a diagnosis of relapsing and remitting multiple sclerosis.
2. WHEREAS, Plaintiff submitted a claim under the LTD Plan and was paid disability benefits by the LTD Plan from 1982 through 2003.
3. WHEREAS, Plaintiff's claim was terminated by the LTD Plan or about March 5, 2003 and as a result of said termination of benefits, plaintiff filed the present lawsuit.
4. WHEREAS, the parties now wish to settle this lawsuit by stipulating and agreeing as follows:
A. Defendant agrees to reinstate Plaintiff's disability benefits under the LTD Plan and pay all back benefits due to her under the LTD Plan from February 28, 2003 through September 28, 2005 (plus interest) on the basis that she has met the requirements for disability under the terms of the LTD Plan;
B. Plaintiff's claim will be remanded back to the LTD Plan's administrator (Hartford Life Insurance Company) for processing and she will be paid future LTD benefits so long as she remains eligible under the terms of the LTD Plan and the Employee Retirement Income Security Act of 1974 ("ERISA"); and,
C. Each side to bear its own costs and attorneys' fees in this action.
ORDER
Good cause appearing, IT IS ORDERED that:
1. Defendant reinstate Plaintiff's disability benefits under the LTD Plan and pay all back benefits due to her under the LTD Plan from February 28, 2003 through September 28, 2005 (plus interest) on the basis that she has met the requirements for disability under the terms of the LTD Plan;
2. Plaintiff's claim for future LTD benefits under ERISA will be remanded back to the LTD Plan's administrator (Hartford Life and Accident Insurance Company) and she will be paid future LTD benefits so long as she remains eligible under the terms of the LTD Plan and the Employee Retirement Income Security Act of 1974 ("ERISA"); and,
3. Each side to bear its own costs and attorneys' fees in this action.
4. The Judgment attached to this stipulation as Exhibit "A" will be entered by the Clerk forthwith.