Free Motion to Stay - District Court of Connecticut - Connecticut

I! Case 3:03-cv-001t4.1;PCD Document 31 Filed 02/03/2005 Page 1 of 4
UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF CONNECTICUT
MARIO PASQUINI :
Plaintiff, :
: 3:03CV 141 (PCD)
v. 2
DESCO CORPORATION; DESCO
CORPORATION LONG TERM DISABILITY :
INCOME PLAN; UNUM LIFE INSURANCE :
COMPANY OF AMERICA :
Defendant : JANUARY 27, 2005
PLAINTIFF’S MOTION FOR A SIX MONTH STAY OF PROCEEDINGS
Plaintiff moves that the Court stay proceedings in this case for a period of six (6)
months in order to permit the plaintiff to resubmit his application for long term disability
benefits to the defendant, and for the defendant to review that re-submitted application
Because plaintiffs resubmission may moot further proceedings in this court, the
defendant agrees to the relief requested herein. Currently, cross motions forjudgment
have been briefed and are pending with the Court. `
in support thereof, the plaintiff states the following: ·
1. On November 18, 2004, defendant Unum Life Insurance Company of
America and several of its afliliates, all of which are subsidiaries of UnumProvident .

I n Case 3:03-cv—O01lZif1-PCD Document 31 Filed O2/03f2005 Page 2 of 4
Corporation, entered into a Regulatory Settlement Agreement ("RSA") with the
Superintendent of the State of Maine Bureau of Insurance, the Commissioner of the
Tennessee Department of Commerce and insurance, and the Commissioner ofthe
Massachusetts Division of Insurance, along with insurance regulators ofthe remaining
states} The RSA was implemented according to its terms on January 19, 2005. As a
result of signing the RSA, Unurn Life Insurance Company of America has agreed, inter
alia and upon request of certain claimants whose claims for long term disability benefits
were denied, to reassess those claims. According to the terms of the RSA, a General
Notice to Claimants Eligible for Reassessment will be issued to the eligible class within
15 days of January 19, 2005, or on or about February 3, 2005. Upon receipt ofthe
notice, the claimant eligible for reassessment must then determine whether to
participate in the reassessment and, if so, take certain action required by the RSA.
2. Plaintiff is aware of the terms of the RSA and his attorney has informed
Unum's attorney that he intends to apply for reassessment under the RSA.
l The complete terms of the RSA can be found at the following Internet add ress:
http://wvvw.unum.com/settlementagreement/UnumLifeSett|ementAgreementpdf
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{ n F Case 3:03-cv-O01€Zi”l-PCD Document 31 Filed O2/03/2005 Page 3 of 4
3. If the court grants plaintiffs motion, he will be able to resubmit his claim to
Unum along with such other further information as he feels may be appropriate in
support of his claim that he is disabled under the disability plan at issue. If Unum on
reassessment agrees that the plaintiff is disabled, this case will become moot. if Unum
maintains its current position, the case may proceed forward without delay.
PLAINTIFF,
David S. Rintoul, Esq.
BROWN, PAINDIRIS & SCOTT, LLP
. 2252 Main Street
Glastonbury, CT 06033
- (850) 659-0700
Fed. Bar No. ct#0B456
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I Case 3:03-cv—00141“-PCD Document 31 Filed 02/03/2005 Page 4 of 4
CERTIFICATION
The undersigned hereby certities that the above motion was served by tirst class
mail, postage pre-paid on January 27, 2005 to:
Alexander Schwartz
3695 Post Road
P.O. Box 701
Southport CT 06890
David S. Rintoul
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