Greenwald v. Liberty Life Assurance Company of Boston et al
| Todd Greenwald |
| Wells Fargo & Company Short-Term Disability Plan, Wells Fargo & Company, Wells Fargo & Company Long-Term Disability Plan and Liberty Life Assurance Company of Boston |
| 4:2012cv03034 |
| February 22, 2012 |
| US District Court for the District of Nebraska |
| 4 Lincoln Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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The following documents for this case are available for you to view or download:
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Filing
105
JUDGMENT pursuant to the parties' 104 Stipulation for Dismissal, this case is dismissed with prejudice, each party to bear its own costs and attorney fees, except as otherwise agreed by the parties. Ordered by Judge John M. Gerrard. (ADB)
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Filing
102
MEMORANDUM AND ORDER that the Court will conduct a hearing to resolve the disputed issues of fact surrounding Greenwald's 63 Motion for Attorney Fees. The parties are directed to contact the Court to set a date and time for the hearing. Ordered by Judge John M. Gerrard. (ADB)
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Filing
87
MEMORANDUM AND ORDER that as to Greenwald's first claim, for short-term disability benefits, Judgment is entered in favor of Greenwald, and against defendants Wells Fargo and the STD Plan, and Greenwald's claim is remanded to Wells Fargo for further administrative proceedings consistent with this opinion. And Judgment is entered in favor of Liberty Life, and against Greenwald. Judgment is entered in favor of Greenwald on his third claim, for statutory penalties under 29 U.S.C. § 1132(c). Wells Fargo shall pay Greenwald $5,600, together with post-judgment interest under 28 U.S.C. § 1961. Greenwald shall submit a motion for attorney fees on his first and third claims, and any brief in support, on or before April 5, 2013. The parties may submit further briefs pursuant to NeCivR 7.0.1(b) and (c). Greenwald's 54 Motion to Strike is denied as moot; and A separate judgment will be entered. Ordered by Judge John M. Gerrard. (ADB)
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Filing
80
ORDER granting 76 Plaintiff's Motion to Release Long-Term Disability Benefits to Plaintiff. Counsel for plaintiff may release the LTD benefits already paid to plaintiff. Liberty Life is authorized to make future LTD benefit payments directly to plaintiff. Ordered by Judge John M. Gerrard. (JSF)
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Filing
35
AMENDED ORDER regarding Suggestion of Remand 33 ; Proceedings on Greenwald's second claim shall be stayed pending an administrative review of Greenwald's request for long-term disability benefits as set forth below. Greenwald's f irst and third claims shall continue to proceed before this Court. On or before June 4, 2012, defendants shall tender to the Court the unredacted administrative record developed in connection with Greenwald's short-term disability claim, whic h shall include the short-term disability and long-term disability plan documents. Greenwald's pending Motion for Order Directing Defendants to File Administrative Record (filing 31) is hereby deemed withdrawn. The parties shall file a status report every 60 days, beginning July 2, 2012, to advise the Court of the current status of the administrative review on remand. This order amends the previous order of May 3, 2012, adopting the parties' stipulation 34 . The clerk shall set and reset case management deadlines in this case accordingly. Ordered by Judge John M. Gerrard. (ADB)
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Filing
34
ORDER ON PARTIES STIPULATION FOR REMAND: 1) The terms of the parties' stipulation herein are adopted and are hereby ordered.2) The parties shall file a status report every 60 days, beginning on July 2, 2012, to advise the court of the cu rrent status of the administrative review on remand. The clerk shall set and reset case management deadlines in this case accordingly.3) The plaintiff's motion to order the filing of the administrative record, (filing no. 31 ), is deemed withdrawn.4) The progression of this case in this forum is stayed pending further order of the court.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
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