Bergman v. Federal Express Corporation Long Term Disability Plan et al
| Brenda Bergman |
| Federal Express Corporation Long Term Disability Plan and Aetna Life Insurance Company of Hartford Connecticut |
| 3:2016cv01179 |
| May 16, 2016 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Karen S. Crawford |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| None |
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| Document Text |
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Filing
46
ORDER granting in part Plaintiff Brenda Bergman's 38 Motion for Damages. Court remands the determination of whether Bergman has a Total Disability to Aetna's reviewing board. Court orders Defendants to pay Bergman LTD Benefits for her O ccupational Disability in the amount of $55,962.30 less any qualifying offsets, which Court calculates to be a total amount of approx. $29,138.41. Court orders Bergman to repay Defendants the amount she received for her pension lump sum and any monthly annuities, which Court calculates to be a total amount of approx. $85,077.76. Court orders Defendants to reinstate Bergman's pension plan and other retirement benefits once she repays the amount outlined above. Court awards Bergman's attorney fees in the amount of $58,222.50 and $581.00 in statutory costs. Signed by Judge Cynthia Bashant on 6/25/2018. (jah)
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Filing
33
ORDER granting Plaintiff's 21 Motion for Summary Judgment; denying Defendant's 22 Cross-Motion for Summary Judgment. Court orders the following briefing scheduling for the parties to address damages, and any offsets on the amount dama ges, as well as attorneys' fees: A) Plaintiff's motion for damages, limited to ten (10) pages, is due by 10/19/2017, B) Defendants' opposition, limited to ten (10) pages, is due by 11/2/2017, and C) Plaintiff's reply, limited to five (5) pages, is due by 11/9/2017. Court will reserve final judgment until after the issues of damages is decided. Signed by Judge Cynthia Bashant on 9/27/2017. (jah)
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