Opinion
Case No. 3:12cv056
10-25-2013
STEVEN STOCKMAN, Plaintiff, v. LONG-TERM DISABILITY PLAN OF CITIBANK, N.A. AND PARTICIPATING COMPANIES, et al. Defendants.
JUDGE WALTER H. RICE
ENTRY DIRECTING JUDGMENT TO BE ENTERED BASED UPON
OPINION OF SEPTEMBER 27, 2013 (DOC. #16) AND STIPULATION
REGARDING PRE-JUDGMENT INTEREST FILED BY THE PARTIES ON
OCTOBER 17, 2013 (DOC. #19); DIRECTIONS TO CLERK OF COURTS TO
ENTER JUDGMENT ACCORDINGLY; TERMINATION ENTRY
In its Opinion of September 27, 2013, this Court sustained Plaintiff's Motion for Judgment on the Administrative Record and overruled Defendants' similar motion (Doc. #16). Therein, this Court ordered the parties to file with this court, within twenty (20) days from date, notice of a mutually agreed upon pre-judgment interest rate. Id. The parties complied with this Court's Order on October 17, 2013 (Doc. #19), indicating that they have agreed, for purposes of the captioned cause only, to apply the Ohio statute on pre-judgment interest as set forth in R.C. § 1343.03(B) and (C) and that, pursuant to said statute, pre-judgment interest is payable at Four Percent (4%) from October 20, 2010, through December 31, 2011, and at Three Percent (3%) from January 1, 2012, until the date of judgment.
Accordingly, it is the order of this Court that the Clerk of Courts enter judgment in favor of Plaintiff and against Defendant herein, directing Defendants to pay the Plan's AD&D benefit to Plaintiff, in accordance with the benefit amount as calculated in Section 1.1.8 of the Plan and, further, that Defendant pay Plaintiff pre-judgment interest on said benefit at the rate of Four Percent (4%) from October 20, 2010, through December 31, 2011, and at the rate of Three Percent (3%) from January 1, 2012, until the date of judgment.
The captioned cause is ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton.
_______________________
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
Copies to: Counsel of record