Juan M. Benitez et al v. Great-West Life & Annunity Insurance Company et al
Filing
32
JUDGMENT by Judge Stephen G. Larson: ORDERED, ADJUDGED AND DECREEDTHAT Defendants Motion for Summary Judgment is Granted with respect to all ofPlaintiffs claims. This Court's Order dated October 27, 2008 denying Plaintiffs Motion for Summary Jud gment and granting Defendants Motion for Summary Judgment is attached hereto as Exhibit 1 and incorporated by this reference. Accordingly, the Court finds that there is no genuine issue as to any material fact, that Great-West is entitled to judgment as a matter of law, and that Plaintiffs Complaint has no merit. It is therefore ordered, adjudged and decreed as follows: (1) Plaintiffs Complaint herein is dismissed with prejudice; and (2) Great-West shall recover its costs of suit incurred herein.(MD JS-6, Case Terminated). (am)
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Joseph C. Faucher (CA State Bar #: 137353) joefaucher@reish.com Pascal Benyamini (CA State Bar #: 203883) pascalbenyamini@reish.com Amir A. Amini (CA State Bar #: 277377) amiramini@reish.com REISH LUFTMAN REICHER & COHEN 11755 Wilshire Boulevard, 10th Floor Los Angeles, CA 90025-1539 Telephone Number: (310) 478-5656 Facsimile Number: (310) 478-5831
JS-6
Attorneys for Defendant GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION JUAN M. BENITEZ, JOSEPHINA BENITEZ Plaintiffs, vs. GREAT-WEST LIFE & ANNUITY INSURANCE COMPANY, a Colorado Corporation; DOES 1-10, inclusive, Defendants. JUDGMENT DATE: October 27, 2008 TIME: 10:00 a.m. CTRM: 1 CASE NO. EDCV07-01507 SGL (JCRx)
The Motions of Plaintiffs Juan M. Benitez and Josephina Benitez (collectively "Plaintiffs") for Summary Judgment [Docket No. 13] and of Defendant Great-West Life & Annuity Insurance Company ("Defendant") for Summary Judgment or, in the Alternative, For Order Determining Material Facts to Be Without Substantial Controversy [Docket No. 14], having come on for hearing on October 27, 2008, and the Court having reviewed the papers in support of and in opposition to said Motions. IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Plaintiffs' Motion for Summary Judgment is Denied.
03892-442(2) 405283.2
1
[PROPOSED] JUDGMENT
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IT IS HEREBY FURTHER ORDERED, ADJUDGED AND DECREED THAT Defendant's Motion for Summary Judgment is Granted with respect to all of Plaintiffs' claims. This Court's Order dated October 27, 2008 denying Plaintiffs' Motion for Summary Judgment and granting Defendant's Motion for Summary Judgment is attached hereto as Exhibit 1 and incorporated by this reference. Accordingly, the Court finds that there is no genuine issue as to any material fact, that Great-West is entitled to judgment as a matter of law, and that Plaintiffs' Complaint has no merit. It is therefore ordered, adjudged and decreed as follows: (1) (2) Plaintiffs' Complaint herein is dismissed with prejudice; and Great-West shall recover its costs of suit incurred herein. _____________________________________ HONORABLE STEPHEN G. LARSON UNITED STATES DISTRICT JUDGE
DATED: November 12, 2008
03892-442(2) 405283.2
2
[PROPOSED] JUDGMENT
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