UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
November 6, 2007
UNUM LIFE INSURANCE COMPANY OF AMERICA AND THE TRUST FOR PUBLIC LAND LONG TERM DISABILITY PLAN AIWA TROUTMAN, PLAINTIFF,
UNUM LIFE INSURANCE COMPANY OF AMERICA, DEFENDANT.
AIWA TROUTMAN, DEFENDANT
UNUM LIFE INSURANCE COMPANY OF AMERICA, AND THE TRUST FOR PUBLIC LAND LONG TERM DISABILITY PLAN PLAINTIFF
The opinion of the court was delivered by: Maxine M. Chesney United States District Judge
STIPULATION TO SUBSTITUTE PROPER PARTY ; [proposed] ORDER
("The Plan"), by and through their respective counsel of record, hereby submit the following Stipulation:
1. Defendant Unum Life Insurance Company may be dismissed from this action with prejudice. The purpose of said dismissal is to designate the correct defendant in the Action. Plaintiff does not concede that said dismissal makes Unum a prevailing party in the action.
2. The Amended Complaint for ERISA benefit may be, and pursuant to this Stipulation is deemed to be, amended to name The Trust for Public Land Long Term Disability Plan ("the Plan") as Defendant in this action seeking ERISA plan benefits.
3. Service of Process on the Plan is hereby waived. The Answer, Motion for Summary Judgment, and other pleadings filed by Defendant Unum shall be deemed to 10 be the Plan's Answer, Motion for Summary Judgment, and other pleadings in this Action.
4. The parties to this Stipulation submit that, with the addition of any
Supplemental Declarations submitted to the Court pursuant to the Court's Order issued at the October 26, 2007 Hearing on Defendant's Motion for Summary Judgment, said Motion may be submitted to the Court for determination without additional briefing.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document.
IT IS HEREBY ORDERED that Unum Life Insurance Company of America be, and hereby is, DISMISSED with prejudice from this Action.
IT IS FURTHER ORDERED that The Trust for Public Land Long Term Disability Plan ('the Plan") be substituted in as a party Defendant. The Amended Complaint for ERISA benefits is deemed amended to name the Plan as party Defendant. The Answer to Amended Complaint for ERISA benefits, Motions relating to summary judgment, and 8 other pleadings submitted by Defendant Unum Life Insurance Company of America 9 shall be, and hereby are, deemed to have been submitted by and on behalf of The Trust 10 for Public Land Long Term Disability Plan.
IT IS SO ORDERED.
DATE: November 1, 2007
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