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FLEMING v. KEMPER NATL. SERVICES, INC.

No. C-03-5135 MMC.

320 F.Supp.2d 951 (2004)

Cynthia FLEMING, Plaintiff, v. KEMPER NATIONAL SERVICES, INC., et al., Defendants.

United States District Court, N.D. California.

May 7, 2004.

Attorney(s) appearing for the Case

Daniel Mark Feinberg, Lewis & Feinberg, Oakland, CA, Cassie Springer-Sullivan, Lewis & Feinberg, Oakland, CA, for Cynthia Fleming, Plaintiff.

Alan Jacobus, Tressler, Soderstrom, Maloney & Priess, Costa Mesa, CA, Craig Gordon Penrose, Tressler Soderstrom Maloney & Priess, Chicago, IL, for Kemper National Services, Inc., Vodafone Americas Inc. Long-Term Disability Plan, Vodafone Americas Inc. Short-term Disability Plan, Defendants.

ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY ADJUDICATION; VACATING HEARING

CHESNEY, District Judge.

Before the Court is plaintiff Cynthia Fleming's ("Fleming") motion, filed April 5, 2004, for summary adjudication of the legal issue of the appropriate standard of review on her claims under the Employee Retirement Income Security Act of 1974 ("ERISA") for short-term and long-term disability benefits under defendant Vodafone Americas, Inc. ("Vodafone") Short...

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