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Kelly v. Unum Life Insurance Co. of America

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 15, 2008

THERESA MONSEUR KELLY, PLAINTIFF,
v.
UNUM LIFE INSURANCE COMPANY OF AMERICA, UNUMPROVIDENT, CORPORATION, AND MDL HEALTH PLAN, DEFENDANTS.

The opinion of the court was delivered by: Claudia Wilken, Judge OF The United States District Court

STIPULATION AND ORDER TO CONTINUE CMC SET FOR JANUARY 29, 2008

The parties stipulate as follows:

This action has been stayed pursuant to the Court's order to allow for the defendant to reassess the plaintiff's disability claim. The claim reassessment process has concluded, and the defendant has found in the plaintiff's favor, reversing its previous decision to terminate disability benefits to the plaintiff. As a result, the defendant has paid past-due disability benefits to the plaintiff and reinstated her ongoing disability claim. Accordingly, the Court will not need to address the core issue as to whether the defendants wrongly terminated the plaintiff's disability benefits.

The parties are working to resolve any remaining issues in this action, including the plaintiff's request for attorney's fees and expenses. The parties are attempting to draft stipulations and a proposed order to conclude this action. The parties are hopeful that an agreement can be reached that avoids judicial intervention. In that regard, the parties request that the Case Management Conference, now set for January 22, 2008, be continued for one week, to January 29, 2008, at 2:00 p.m.

Dated: January 14, 2007

ORDER

The Court accepts the stipulation of the parties. It is therefore ORDERED that the 2:00 p.m. January 22, 2008 Case Management Conference is continued to 2:00 p.m., January 29, 2008.

IT IS SO ORDERED.

20080115

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