HEALY v. FORTIS BENEFITS INSURANCE COMPANY, CV 14-00832 RS. (2014)
Court: District Court, N.D. California
Number: infdco20140718797
Visitors: 21
Filed: Jul. 17, 2014
Latest Update: Jul. 17, 2014
Summary: STIPULATION TO AND [PROPOSED] ORDER OF DISMISSAL OF SECOND CAUSE OF ACTION AND OF DE NOVO REVIEW OF FIRST CAUSE OF ACTION RICHARD SEEBORG, District Judge. Plaintiff Lizabeth Healy, and Defendants Union Security Insurance Company (formerly known as Fortis Benefits Insurance Company), Assurant Employee Benefits (which "exists" as a brand name only), and Lighthouse Capital Partners Long Term Disability Plan hereby stipulate as follows: 1. Plaintiff's Second Cause of Action for Breach of Fi
Summary: STIPULATION TO AND [PROPOSED] ORDER OF DISMISSAL OF SECOND CAUSE OF ACTION AND OF DE NOVO REVIEW OF FIRST CAUSE OF ACTION RICHARD SEEBORG, District Judge. Plaintiff Lizabeth Healy, and Defendants Union Security Insurance Company (formerly known as Fortis Benefits Insurance Company), Assurant Employee Benefits (which "exists" as a brand name only), and Lighthouse Capital Partners Long Term Disability Plan hereby stipulate as follows: 1. Plaintiff's Second Cause of Action for Breach of Fid..
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STIPULATION TO AND [PROPOSED] ORDER OF DISMISSAL OF SECOND CAUSE OF ACTION AND OF DE NOVO REVIEW OF FIRST CAUSE OF ACTION
RICHARD SEEBORG, District Judge.
Plaintiff Lizabeth Healy, and Defendants Union Security Insurance Company (formerly known as Fortis Benefits Insurance Company), Assurant Employee Benefits (which "exists" as a brand name only), and Lighthouse Capital Partners Long Term Disability Plan hereby stipulate as follows:
1. Plaintiff's Second Cause of Action for Breach of Fiduciary Duty shall be dismissed without prejudice.
2. The Court shall conduct a de novo review of the claims decision which forms the basis for Plaintiff's first cause of action seeking relief under ERISA, 29 U.S.C. § 1132 (a)(1)(B).
ORDER
Having reviewed the Stipulation to and Proposed Order of Dismissal of Second Cause of Action and of de novo review of First Cause of Action, and good cause appearing therefor,
IT IS HEREBY ORDERED:
1. Plaintiff's Second Cause of Action be, and hereby is, dismissed without prejudice.
2. The Court's review of Plaintiff's First Cause of Action seeking relief under 29 U.S.C. §1132 (a)(1)(B) shall be conducted de novo.
Source: Leagle
