Filed: May 02, 2016
Latest Update: May 02, 2016
Summary: STIPULATION DISMISSING DEFENDANTS NETAPP, INC. AND NETAPP, INC LONG-TERM DISABILITY INSURANCE PLAN VINCE CHHABRIA , District Judge . WHEREAS, this is an action arising under the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. section 1132(a)(1) and (3); WHEREAS, Plaintiff David Lawler has named NetApp, Inc., and the NetApp, Inc. Long Term Disability Insurance Plan ("the Plan"), erroneously sued as NetApp, Inc. Group Long-Term Disability Plan, as defendants in this act
Summary: STIPULATION DISMISSING DEFENDANTS NETAPP, INC. AND NETAPP, INC LONG-TERM DISABILITY INSURANCE PLAN VINCE CHHABRIA , District Judge . WHEREAS, this is an action arising under the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. section 1132(a)(1) and (3); WHEREAS, Plaintiff David Lawler has named NetApp, Inc., and the NetApp, Inc. Long Term Disability Insurance Plan ("the Plan"), erroneously sued as NetApp, Inc. Group Long-Term Disability Plan, as defendants in this acti..
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STIPULATION DISMISSING DEFENDANTS NETAPP, INC. AND NETAPP, INC LONG-TERM DISABILITY INSURANCE PLAN
VINCE CHHABRIA, District Judge.
WHEREAS, this is an action arising under the Employee Retirement Income Security Act of 1974, as amended 29 U.S.C. section 1132(a)(1) and (3);
WHEREAS, Plaintiff David Lawler has named NetApp, Inc., and the NetApp, Inc. Long Term Disability Insurance Plan ("the Plan"), erroneously sued as NetApp, Inc. Group Long-Term Disability Plan, as defendants in this action;
WHEREAS, at all times relevant to the Complaint on file in this action, the Plan was and is insured under a group disability income policy issued by defendant Liberty Life Assurance Company of Boston to NetApp, the sponsor of the Plan;
WHEREAS, defendant Liberty Life Assurance Company of Boston agrees it will be liable for any judgment or settlement concerning the payment or non-payment of long term disability benefits, interest, attorneys' fees and/or costs that may result from this action as if it were the Plan; and
WHEREAS, defendant Liberty Life Assurance Company of Boston further agrees that at no time during the course of this litigation will it contend that the action has been rendered defective as a result of the Plan having been dismissed from the action;
IT IS HEREBY STIPULATED by and between Plaintiff David Lawler and Defendant Liberty Life Assurance Company Of Boston, by and through their respective attorneys of record, that Liberty Life Assurance Company of Boston shall be liable for any judgment or settlement concerning the payment or non-payment of long term disability benefits, interest, attorneys' fees and/or costs that may result from this action as if it were the Plan, if any; and Liberty Life Assurance Company of Boston shall not contend that the action has been rendered defective as a result of the Plan having been dismissed from this action at any time during the course of this litigation.
IT IS FURTHER STIPULATED that NetApp, Inc. and the Plan are hereby dismissed from this action without prejudice, and each party shall bear its own attorneys' fees and costs directly related to the dismissal of these Defendants.
IT IS SO STIPULATED.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
