Cortes

Cortes v. Metropolitan Life Insurance

Good Law
380 F. Supp. 2d 1125·2005 WL 1902136·2005 U.S. Dist. LEXIS 20843
United States District Court, Central District of CaliforniaJune 30, 2005CV 04-6362 NM(RZx)California3,559 words

Opinion

Opinion

Manella, J.

AMENDED OPINION AND ORDER AWARDING PLAINTIFF ATTORNEYS’ FEES

I. INTRODUCTION

On August 2, 2004, Plaintiff Edwin Cortes (“Plaintiff’) filed a complaint against Defendants Metropolitan Life Insurance Company and Disney Long Term Disability Plan (collectively, “Defendants”) under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132 , to recover long term disability benefits that Plaintiff claims were wrongfully denied by Defendants. On January 19, 2005, the parties participated in a private mediation session, but were unable to settle the case. Shortly thereafter, on January 26, 2005, Defendants advised Plaintiff that his claim for benefits would be reinstated and past due benefits paid with interest.

On January 31, 2005, the parties submitted a joint stipulation and proposed order whereby the parties stipulated that “Defendants shall pay to Plaintiff all retroactive benefits due him, including interest thereon at 5%.” Parties’ Joint Stip. & Order Regarding Reinstatement of ERISA Claim (“Joint Stip. & Order”) at 2. The parties further stipulated that “Plaintiff is entitled to reasonable attorney[s’] fees and costs.” Id. On February 1, 2005, the court…

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