Fleming

Fleming v. Kemper National Services, Inc.

Good Law

320 F. Supp. 2d 951·2004 WL 1305877·33 Employee Benefits Cas. (BNA) 1858·2004 U.S. Dist. LEXIS 11283

United States District Court, Northern District of CaliforniaMay 7, 2004C-03-5135 MMCCalifornia2,347 words

Opinion

Chesney, J.

ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION; VACATING HEARING

Before the Court is plaintiff Cynthia Fleming’s (“Fleming”) motion, filed April 5, 2004, for summary adjudication of the legal issue of the appropriate standard of review on her claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) for short-term and long-term disability benefits under defendant Voda-fone Americas, Inc. (“Vodafone”) Short-Term Disability Plan (“STD Plan”) and defendant Vodafone Long-Term Disability Plan (“LTD Plan”). Having reviewed the papers submitted in support of and in opposition to the motion, the Court finds the matter appropriate for decision without oral argument, see Civil L.R. 7 — 1(b), and hereby VACATES the May 14, 2004 hearing on the motion. For the reasons set forth below, Fleming’s motion is GRANTED, and the Court will apply de novo review to Fleming’s ERISA claim for disability benefits under both the STD and LTD Plans.

BACKGROUND

The following is taken largely from the allegations of the complaint. As the instant motion raises primarily a legal issue, many of the alleged facts are not currently at issue for purposes of the instant motion. To the…

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