The opinion of the court was delivered by: Edward M. Chen U.S. District Judge
JOINT CASE MANAGEMENT CONFERENCE STATEMENT ORDER RESETTING CMC
The parties to the above-entitled action jointly submit this JOINT CASE MANAGEMENT STATEMENT &PROPOSED ORDER pursuant to the Standing Order for All Judges of the Northern District of California dated July 1, 2011 and Civil Local Rule 16-9. 27 28
1. Jurisdiction & Service
3 sections 1331, 1332, 1441(a) ,1441(b), and 1441(c). The complaint seeks life insurance benefits 4 that plaintiff claims are owed to her by Metropolitan Life Insurance Company ("MetLife") under 5 the terms of an employee welfare benefit plan, and thereby states a claim only under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. section 1001, et seq.
There are no issues regarding personal jurisdiction or venue. Plaintiff states that all parties have been served. However, Lisa Carter has been served but has not appeared.
The basis for the court's subject matter jurisdiction is pursuant to 28 United States Code
Plaintiff, Naomi Koga-Smith, is the surviving spouse of Herbert E. Smith, Jr. Plaintiff, Naomi Koga-Smith and Herbert E. Smith, Jr. were married at the time of the death of Herbert E. 12 Smith, Jr. 13 14 Herbert E. Smith, Jr. died on, or about, February 9, 2102, a resident of Santa Clara County. Prior to his death, plaintiff, Naomi Koga-Smith and Herbert E. Smith, Jr. entered into 15 certain life insurance contracts with defendant, MetLife, aka Metropolitan Life Insurance 16 Company, insuring the life of Herbert E. Smith, Jr. Plaintiff alleges that the life insurance 17 contracts were entered into in Santa Clara County.
benefits payable under Group No. 0118250, Claim No. 21203004448. 20
"Supplemental/Optional Life" policy paid from decedent, Herbert E. Smith, Jr.'s, wages.
The life insurance proceeds due from defendant, MetLife, are commonly described as
The amount of the proceeds payable from defendant, MetLife, are $164,000 from a
"Basic Life" policy paid by decedent, Herbert E. Smith, Jr.'s, employer, and $150,000 from a 22
All premiums paid for the life insurance were from the community funds of Plaintiff,
Naomi Koga-Smith and Herbert E. Smith, Jr. 25
The decedent, Herbert E. Smith Jr. (the "Decedent"), was a participant in a welfare 27 benefit plan (the "Plan") sponsored by his employer. The plan is regulated by the Employee MetLife's Position Retirement Income Security Act of 1974, as amended ("ERISA"), 29 U.S.C. §§ 1001-1461. Life insurance benefits are payable under the plan as the result of the death of the Decedent. The 2 most recent life insurance beneficiary designation for the Decedent is dated July 28, 2005 (the 3 "July 28, 2005 Beneficiary Designation"). It lists both Naomi Koga-Smith ("Koga-Smith") and 4 Lisa K. Carter as the Decedent's primary co-beneficiaries for life insurance coverage under the 5 Plan. Plaintiff informed MetLife that she claimed she was entitled to all of the proceeds of the 6 7 life insurance policies on the life of her husband, and she later commenced ...