Free Status Report - District Court of Connecticut - Connecticut


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Date: August 8, 2006
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State: Connecticut
Category: District Court of Connecticut
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Case 3:03-cv—00141-PCD Document 49 Filed 08/08/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
MARIO PASQUINI :
Plaintiff, :
2 3:03CV 141 (PCD)
v. :
DESCO CORPORATION; DESCO
CORPORATION LONG TERM DISABILITY :
INCOME PLAN; UNUM LIFE INSURANCE :
COMPANY OF AMERICA :
Defendant 1 AUGUST 8 , 2006
PLAlNTlFF’S STATUS REPORT
Plaintiff submits this status report in response to this Court’s prior granting of its
motion to stay the case pending completion of the defendant's reconsideration of its
decision to deny plaintiff benefits. Plaintiff also moves for a further stay of this case.
This case involves a claim for disability benehts pursuant to the Employee
Retirement Income Security Act. As set forth inthe prior motions to stay, the defendant
had entered into a muiti—state settlement providing a procedure for further
administrative review of previously-denied disability claims. Plaintiff consented to
submit his claim to this process, but the defendant required that any pending litigation
be stayed pending resolution ofthe administrative review. Both parties have nled and
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Case 3:03-cv-00141-PCD Document 49 Filed 08/08/2006 Page 2 of 3
fully briefed motions forjudgrnent on the pleadings, which the Court denied without
prejudice pending expiration of the stay.
The Defendant has decided to overturn the decision, and pay plaintiff the
benefits to which he is entitled. Plaintiff has submitted a request for attorneys fees,
which Defendant rejected while expressing willingness to further negotiate the payment
of attorneys‘ fees. The parties have been unable to reach agreement on the issue of
attorneys' fees. Plaintiff wiil therefore submit a petition for attorneys fees and a brief in
support to the Court by September 3, 2006.
_ PLAINTIFF,
David S. Rintoul, Esq.
BROWN, PAINDIRIS & SCOTT, LLP
2252 l\/lain Street
Glastonbury, CT 06033
(860) 659-0700
Fed. Bar No. ct#08456
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Case 3:03-cv-00141-PCD Document 49 Filed 08/08/2006 Page 3 of 3
CERTIFICATION
The undersigned hereby certifies that the above motion was served by first class
mail, postage pre-paid on August 8, 2006 to:
Alexander Schwartz
3695 Post Road
P.O. Box 701
Southport CT 06890
David S. Rintoul
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