THE PARTIES STIPULATION AND ORDER TO DISMISS THE WAL-MART DEFENDANTS, ONLY, WITHOUT PREJUDICE

JAMES C. MAHAN, District Judge.

The Parties, Plaintiff, KATHLEEN KARELS, ("Plaintiff" or "Karels") by her attorneys, Steven J. Parsons of LAW OFFICES OF STEVEN J. PARSONS, and Scott E. Davis of SCOTT E. DAVIS, P.C.; Defendants HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, ("Hartford") by its attorneys, Kristina N. Holmstrom of LEWIS ROCA ROTHGERBER CHRISTIE LLP; and WAL-MART STORES, INC., and GROUP LONG TERM DISABILITY PLAN FOR EMPLOYEES OF WAL-MART STORES, INC. ("Wal-Mart Defendants") by their attorneys, J. Gordon Howard of RUSSELL & OLIVER, PLC of Memphis, Tennessee,1 hereby stipulate and agree, as follows:

1. Plaintiff served Wal-Mart Defendants with the Complaint on May 12, 2017;

2. The parties earlier stipulated to allow time for the parties to engage in discussions to see if Wal-Mart Defendants' were necessary parties to this litigation. The stipulation was entered as an Order of the Court (Doc. # 7) on June 2, 2017;

3. Upon further inquiry and discussion between the Parties' counsel, it was confirmed that there are no other employee benefits for Plaintiff, other than the disability benefits as set forth in Plaintiff's Complaint, that her claims or the facts would implicate;

4. Defendant Hartford is an insurer, not the Plan. Defendant Hartford fully insured the benefits of the Plan;

5. The claims decision of Defendant Hartford would benefit or be to the detriment of only Defendant Hartford, therefore Defendant Hartford has a structural conflict of interest (in that it both funds and decides claims.)

Therefore, the Parties hereby stipulate and agree that the Complaint as to the Wal-Mart Defendants, only, be dismissed, without prejudice, and that the Court enter its Order, accordingly.

Further, the Parties also agree that they seek the Order of Dismissal to include that the Wal-Mart Defendants' names be stricken from the caption of the case by the Clerk of the Court.

ORDER

IT IS SO ORDERED.