Free Motion to Stay - District Court of Connecticut - Connecticut

Case 3:03-cv—00141-PCD Document 47 Filed 07/05/2006 Page 1 of 3
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT
MARIO PASQUINI :
Plaintiff, :
1 3:03CV ’I4'i (PCD)
v. 1
DESCO CORPORATION; DESCO
CORPORATION LONG TERM DISABILITY 1
INCOME PLAN; UNUM LIFE INSURANCE ;
COMPANY OF AMERICA Z
Defendant : JULY 5 , 2006
PLAINTIFF’S STATUS REPORT
AND
SIXTH MOTION TO STAY CASE
Plaintiff submits this status report in response to this Courts 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 beneiits pursuant to the Employee
Retirement Income Security Act. As set forth in the 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
1

Case 3:03-cv-00141-PCD Document 47 Filed 07/05/2006 Page 2 of 3
be stayed pending resolution of the administrative review. Both parties have filed and
fully briefed motions forjudgment 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. Plaintiff requests an additional thirty days to determine whether the
parties will be able to resolve the issue ofthe attorneys’ fees.
Plaintiff hereby moves for a further stay of this case to Auguast 3, 2006 pending
resolution of the administrative review. If the Court denies the motion, plaintiff hereby
renews its Motion for Judgment on the Pleadings.
PLAINTIFF,
l
David S. Rintoul, Esq.
BROWN, PAINDIRIS & SCOTT, LLP
2252 Main Street
Glastonbury, CT 06033
(860) 659-0700
Fed. Bar No. ct#0B456
2

Case 3:03-cv-00141-PCD Document 47 Filed 07/05/2006 Page 3 of 3
CERTIFICATION
The undersigned hereby certifies that the above motion was senred by tirst class
mail, postage pre-paid on July 5, 2006 to:
Alexander Schwartz
3695 Post Road
P.O. Box 701
Southport CT 06890
`David S. Rintoul rf ;
3