DUNNER

Dunner v. University of Southern California Long Term Disability Plan

Good Law

770 F. Supp. 2d 1054·2011 WL 976890·2011 U.S. Dist. LEXIS 32536

United States District Court, Central District of CaliforniaMarch 7, 2011CV 09-01732 SJO (Ex)California7,384 words

Opinion

Otero, J.

ORDER GRANTING PLAINTIFF STEVEN DUNNER’S MOTION FOR SUMMARY JUDGMENT [Docket No. 15]

This matter is before the Court on Plaintiff Steven Dunner’s (“Dunner” or “Plaintiff’) Motion for Summary Judgment, filed on October 26, 2009. Defendant University of Southern California (“USC”) Long Term Disability Plan (“Defendant”) filed an Opposition, to which Plaintiff replied. The Court found this matter suitable for disposition without oral argument and vacated the hearing set for November 16, 2009. See Fed.R.Civ.P. 78(b). For the following reasons, Plaintiffs Motion for Summary Judgment is GRANTED.

I. BACKGROUND

A. Factual Background

For purposes of this Order, the following facts are presumed to be true, unless otherwise stated. On September 13, 2000, Plaintiff suffered an injury during the course of his employment with the County of Los Angeles (the “County”), which resulted in a level of permanent disability (the “County Injury”). (PL’s Statement of Uncontroverted Facts and Conclusions of Law (“Pl.’s SUF”) ¶ 1; Compl. ¶¶1, 5; Pl.’s Mot. for Summ. J. (“PL’s Mot.”) 1.) Plaintiff filed a workers’ compensation claim against the County based on his disability and later found a job at USC…

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