Attorney's Name, Oregon State Bar ID Number Attorney's Internet E-mail address Firm name Mailing address or residence address if no office is maintained City, State and 9-digit zip code Area Code and Telephone Number Facsimile Telephone Number Attorney for Defendant ABC Insurance Co.
UNITED STATES DISTRICT COURT DISTRICT OF OREGON
JOHN Q. SMITH Plaintiff v. ABC INSURANCE CO., an Oregon corporation, Defendant. CV. 01-1234-AS Defendant's Concise Statement of Material Facts
Pursuant to LR 56.1, defendant ABC Insurance Co. presents the following statement of undisputed facts: 1. Plaintiff John Q. Smith was insured under an individual long-term disability policy
issued by ABC Insurance Company. The policy provides that a claimant is entitled to long-term disability benefits only if he is "not able to perform the substantial and material duties of [his] occupation." Exhibit 1 to Affidavit of Plaintiff's Counsel. 2. Plaintiff was employed as CEO/manager/administrator of a food-processing company
(Foods). See Pls' Concise Statement, para 1; Pls' Depo, p. 13, Ln.71. As such, his job duties Relevant excerpts from plaintiff's deposition are attached to the Affidavit of John Q. Attorney filed concurrently herewith.
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involved executive management, problem resolution, planning, and interacting with customers, suppliers and regulatory agencies. Plaintiff's Depo, p. 23, Ln.15. 3. Although plaintiff was CEO of the company, the business was controlled by majority
shareholders in Japan. Plaintiffs' Depo, p. 10, 13. 4. Plaintiff's last day of full-time employment prior to his alleged date of disability was
August 31, 1999. Exhibit 3 to Affidavit of Plaintiff's Counsel. Almost immediately thereafter, the majority shareholders of the company closed the food processing plant entirely. Plaintiff's Depo, p. 31, Ln. 9. 5. Despite the plant closure, plaintiff continued to return to his job for a couple of hours
a day in order to perform some duties relative to the company 401K plan. Plaintiff's Depo, p. 34-35. Other than that, however, there was little for him to do given that the plan was no longer operational. Pl's Depo, p. 37, Ln. 21. 6. Prior to his last day of work on August 31, 1999, plaintiff was able to complete his
job duties and get all of his work done as long as he worked during slower time periods. Pl's Depo, p. 41, Ln. 19. Dated this 22nd day of March, 2002. Firm Name
First Attorney, OSB 99999 Second Attorney, OSB 88888 Tel: (503) 333-3333 Attorneys for Defendant ABC Insurance Co.