Laake v. The Benefits Committee, Western & Southern Financial Group Company Flexible Benefits Plan et al
| Sherry Laake |
| The Benefits Committee, Western & Southern Financial Group Company Flexible Benefits Plan and Western & Southern Financial Group Company Flexible Benefits Plan |
| 1:2017cv00611 |
| September 13, 2017 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| William O. Bertelsman |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1132 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
140
ORDER granting 137 Motion to Stay for Stay of Execution Pending Appeal and Approval of Supersedeas Bond. Signed by Judge William O. Bertelsman on 4/26/2022. (eh)
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Filing
124
ORDER - IT IS ORDERED that: (1) The Court GRANTS IN-PART and DENIES IN-PARTPlaintiffs Motion for Prejudgment Interest and Attorneys Fees and Costs. (Doc. 115). (2) The Court GRANTS Plaintiff 3.5% in prejudgment interest compounded annually, cal culated from October 16, 2018 until November 5, 2021. (3) The Court DENIES Plaintiffs request for a paralegal rate of $125 per hour and reduces the awarded paralegal rate to $50 per hour worked. (4) The Court GRANTS Plaintiff request for attorneys fees, but reduces the overall amount by 33% from the $182,547.50 requested. (5) The Court GRANTS Plaintiff the costs requested in her Motion in the amount of $2,600.70. (6) Plaintiff shall file a proposed judgment with the Court ON OR BEFORE MONDAY, FEBRUARY 7, 2022. Defendants shall file any objections to the proposed judgment ON OR BEFORE MONDAY, FEBRUARY 14, 2022. Signed by Judge William O. Bertelsman on 01/31/2022. (bjc)
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Filing
114
MEMORANDUM OPINION AND ORDER signed by Judge William O. Bertelsman on 11/5/2021. IT IS ORDERED THAT: (1) Plaintiff's Motion for Judgment on the Administrative Record (Doc. 95 ), be, and is hereby GRANTED as it relates to Plaintiffs long-term d isability determination. (2) The Court GRANTS Plaintiff statutory penalties under 29 U.S.C. § 1132(c), pursuant to Rule 52(a). (3) Defendants' Motion for Judgment on the Administrative Record (Doc. 94 ), be, and is hereby DENIED. (4) Pl aintiff's Motion for Summary Judgment (Doc. 98 ), be, and is hereby DENIED. (5) Plaintiff's Motion for Attorney Fees (Doc. 31 ) and Supplemental Motion for Attorneys Fees (Doc. 40 ), be, and is hereby GRANTED. (6) Plaintiff's Motion to Strike Errata Sheets (Doc. 101 ), be, and is hereby DENIED AS MOOT. (7) Plaintiff shall file any remaining motions ON OR BEFORE DECEMBER 1, 2021. (eh)
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Filing
28
MEMORANDUM OPINION AND ORDER - IT IS ORDERED that: (1) Laakes Motion for Judgment on the Administrative Record (Doc. 20 ) be, and is hereby, granted; (2) W&Ss Motion for Judgment on the Administrative Record (Doc. 19 ) be, and is hereby, denied; and (3) Laakes claim is remanded to W&S for further proceedings consistent with this decision. Signed by Judge William O. Bertelsman on 02/19/2019. (bjc)
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| Plaintiff: Sherry Laake | |
| Represented By: | Claire W. Bushorn Danzl |
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| Defendant: The Benefits Committee, Western & Southern Financial Group Company Flexible Benefits Plan | |
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| Defendant: Western & Southern Financial Group Company Flexible Benefits Plan | |
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