Singh v. United of Omaha Life Insurance Company
Filing
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STIPULATION and ORDER 24 regarding participation of defendant The Psychiatric Solutions, Inc. Long Term Disability Plan, signed by Judge Garland E. Burrell, Jr., on 11/28/11. (Kastilahn, A)
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J. Russell Stedman (117130),
rstedman@bargerwolen.com
Tino X. Do (221346),
tdo@bargerwolen.com
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone: (415) 434-2800
Facsimile: (415) 434-2533
Attorneys for Defendant
UNITED OF OMAHA LIFE
INSURANCE COMPANY
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MANJIT K. SINGH,
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Plaintiff,
vs.
UNITED OF OMAHA LIFE INSURANCE
COMPANY, and THE PSYCHIATRIC
SOLUTIONS, INC. LONG TERM
DISABILITY PLAN, an employee welfare
benefit plan,
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Defendants.
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CASE NO.: 2:11-cv-00497-GEB-GGH
STIPULATION REGARDING
PARTICIPATION OF DEFENDANT THE
PSYCHIATRIC SOLUTIONS, INC. LONG
TERM DISABILITY PLAN
First Amended Complaint Filed:
September 27, 2011
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The parties to this action, through their respective counsel, stipulate and agree as follows:
1.
The Employee Retirement Income Security Act of 1974 (“ERISA”), and specifically 29
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U.S.C. § 1132(d)(1), provides that an employee benefit plan is an entity that may sue or be sued in
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an action brought pursuant to ERISA.
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
2.
29 U.S.C. § 1132(d)(2) also provides that any money judgment against an employee
benefit plan shall be enforced only against the Plan as an entity.
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Plaintiff, Manjit K. Singh, has filed suit against defendant United of Omaha Life
Insurance Company (“United of Omaha”) and defendant the Psychiatric Solutions, Inc. Long Term
STIPULATION REGARDING PARTICIPATION OF DEFENDANT THE PSYCHIATRIC SOLUTIONS, INC. LONG TERM DISABILITY PLAN
CASE NO. 2:11-cv-00497-GEB -GGH
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Disability Plan (the “Plan”) seeking to recover long term disability benefits under the Plan.
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4.
The Plan is fully insured by United of Omaha under United of Omaha Group Disability
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Policy (Policy Number GUPR AA8W) with respect to long term disability benefits. United of
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Omaha acted as claims administrator for long term disability benefit claims submitted by
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participants in the Plan, including Plaintiff’s claim.
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5.
If, at the conclusion of this lawsuit, it is determined that Plaintiff is entitled to long term
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disability benefits under the Plan, any benefit to which she is entitled to will be paid under the
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United of Omaha policy (subject to its terms and conditions), and any such benefits will not be paid
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by the Plan.
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6.
Although the Plan is required to be named as a party to this action, due to United of
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Omaha’s policy and administration of the claims decision at issue, the Plan is a nominal party and
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should not be required to actively participate in this suit.
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7.
IT IS THEREFORE AGREED AND STIPULATED: (a) that United of Omaha and not
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the Plan will pay for any judgment rendered by the court in favor of the Plaintiff on claims asserted
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in the First Amended Complaint filed on September 27, 2011; and (b) that the Plan need not be
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served, file an appearance in this action, or actively participate in this action in any way, including
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without limitation complying with initial disclosure or case management requirements.
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
STIPULATION REGARDING PARTICIPATION OF DEFENDANT THE PSYCHIATRIC SOLUTIONS, INC. LONG TERM DISABILITY PLAN
CASE NO. 2:11-cv-00497-GEB -GGH
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Dated: November 10, 2011
BARGER & WOLEN LLP
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By: /s/ J. Russell Stedman
J. RUSSELL STEDMAN
TINO X. DO
Attorneys for Defendant
UNITED OF OMAHA LIFE
INSURANCE COMPANY
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Dated: November 10, 2011
GUENARD & BOZARTH
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By: /s/ Ross Bozarth
ROSS BOZARTH
Attorneys for Plaintiff
MANJIT SINGH
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Date: 11/28/2011
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_________________________
GARLAND E. BURRELL, JR.
United States District Judge
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DEAC_Signature-END:
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61khh4bb
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-3BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
(415) 434-2800
STIPULATION REGARDING PARTICIPATION OF DEFENDANT THE PSYCHIATRIC SOLUTIONS, INC. LONG TERM DISABILITY PLAN
CASE NO. 2:11-cv-00497-GEB -GGH
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