UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO
June 6, 2009
MICHAEL KIRKLAND, PLAINTIFF,
APPLE COMPUTER, INC. LONG TERM DISABILITY INSURANCE PLAN, APPLE INC., A CALIFORNIA CORPORATION, LIFE INSURANCE COMPANY OF NORTH AMERICA, LIFE INSURANCE COMPANY OF NEW YORK, NCS PEARSON, INC. LONG TERM DISABILITY INSURANCE, NCS PEARSON, INC., A MINNESOTA CORPORATION, FIRST UNUM LIFE INSURANCE COMPANY, HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, DEFENDANTS.
The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.
STIPULATION AND [PROPOSED] ORDER RE DISMISSAL OF CERTAIN CLAIMS AGAINST PEARSON, INC. WELFARE BENEFIT PLAN (WITH PREJUDICE) Action Filed September 16, 2008
TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA AND TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
Plaintiff Michael Kirkland ("Plaintiff") and Defendant Pearson, Inc. Welfare Benefit Plan ("Pearson Plan") hereby stipulate and request that the Court order as follows:
The Claim for Interference with Plan Benefits, the Claim for Federal Equitable Estoppel, and the Claim for ERISA Section 502(c) Penalties (and only those claims) are dismissed, with prejudice, as against the Pearson Plan.
Pursuant to the foregoing stipulation of the parties, IT IS SO ORDERED.
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