Case No. CV-98-4246 ABC(MANx).United States District Court, C.D. California.
March 3, 1999
Edwin A. Oster, Robert K. Renner, BARGER WOLEN LLP, Irvine, California, Attorneys for Defendant The Paul Revere Life Insurance Company.
ORDER GRANTING PARTIAL SUMMARY JUDGMENT. (Lodged Concurrently With Notice of Motion; Memorandum of Points and Authorities; Declaration of Robert K. Renner; and Statement of Uncontroverted Facts and Conclusions of Law).
AUDREY COLLINS, District Judge
The motion of Defendant The Paul Revere Life Insurance Company (“Paul Revere”) for partial summary judgment was taken under submission by Honorable Audrey B. Collins, District Judge presiding.
After considering the moving, opposition and reply papers, of all other matters presented to the Court, and for good causes appearing, IT IS
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HEREBY ORDERED, ADJUDGED AND DECREED THAT the following issues in this action are established without substantial controversy as against Plaintiff Susan Rosenthal (“Rosenthal”), that no further proof therefor shall be required at the trial of this action, and that any final judgment in this action shall, in addition to any matters determined at trial, be based upon the issues as so established:
(1) The applicable standard of judicial review for this action will be the employment of a standard mandating an affirmance of Paul Revere’s decision to deny long-term disability benefits to Rosenthal, unless found to be an abuse of discretion; and
(2) The evidence that will be considered in this action shall be limited exclusively to the information in front of Paul Revere at the time of its final decision upon Rosenthal’s claim for long-term disability benefits (i.e., the so-called “administrative record”).
IT IS SO ORDERED. See written order.