GRESHAM v. LIFE INSURANCE COMPANY OF NORTH AMERICA, 2:14-cv-01241 MCE EFB. (2014)
Court: District Court, E.D. California
Number: infdco20140807723
Visitors: 2
Filed: Jul. 23, 2014
Latest Update: Jul. 23, 2014
Summary: STIPULATION AND ORDER TO STAY ACTION PENDING APPEAL OF CLAIM FOR BENEFITS UNDER ERISA MORRISON C. ENGLAND, Jr., Chief District Judge. Whereas this action is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"); Whereas Plaintiffs have submitted an appeal of LINA's initial decision; Whereas LINA is considering Plaintiffs' appeal and will issue a decision after appeal; Whereas the decision on Plaintiffs' appeal could make this action unnecessary and/or will require Plaint
Summary: STIPULATION AND ORDER TO STAY ACTION PENDING APPEAL OF CLAIM FOR BENEFITS UNDER ERISA MORRISON C. ENGLAND, Jr., Chief District Judge. Whereas this action is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"); Whereas Plaintiffs have submitted an appeal of LINA's initial decision; Whereas LINA is considering Plaintiffs' appeal and will issue a decision after appeal; Whereas the decision on Plaintiffs' appeal could make this action unnecessary and/or will require Plainti..
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STIPULATION AND ORDER TO STAY ACTION PENDING APPEAL OF CLAIM FOR BENEFITS UNDER ERISA
MORRISON C. ENGLAND, Jr., Chief District Judge.
Whereas this action is governed by the Employee Retirement Income Security Act of 1974 ("ERISA");
Whereas Plaintiffs have submitted an appeal of LINA's initial decision;
Whereas LINA is considering Plaintiffs' appeal and will issue a decision after appeal;
Whereas the decision on Plaintiffs' appeal could make this action unnecessary and/or will require Plaintiffs to amend their complaint;
Based upon the foregoing, the parties hereto through their respective attorneys respectfully request:
1. That this action be stayed for a period of 90 days to allow LINA to perform a review on appeal of plaintiffs' claim for AD&D benefits and issue a decision on the appeal. GOOD CASUE exists for this stay as the outcome of the appeal my render this lawsuit unnecessary and/or narrow the issues to be resolved by the Court.
SO STIPULATED.
ORDER
Pursuant to the parties' stipulation, ECF No. 6, this action is STAYED for a period of 90 (ninety) days from the date this order is electronically filed, after which the stay will be automatically lifted.
The parties' are ORDERED to file a joint status report 90 (ninety) days from the date this order is electronically filed. Failure to do so may be grounds for sanctions and may result in the dismissal of this action with prejudice without further notice.
IT IS SO ORDERED.
Source: Leagle
