Free Motion to Stay - District Court of Arizona - Arizona

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Eric G. Slepian Bar # 017495 SLEPIAN LAW OFFICE 3737 N. 7th Street, Ste. 106 Phoenix, Arizona 85014 Telephone (602) 266-3111 Attorney for Plaintiff UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Angela Jolicoeur, Plaintiff, vs. Midland Credit Management Long Term Disability Plan; UnumProvident a/k/a UNUM Life Insurance Company of America, Defendants. Pending before this Court is Plaintiff's ERISA claim for damages arising out of an alleged breach of a Long Term Disability contract. Plaintiff's action was commenced on March 12, 2004. The parties have exchanged disclosure statements. On February 9, 2005, this Court granted the parties' Stipulation to Stay Proceedings until November 1, 2005 (Appendix 1 to Plaintiff's Second Motion for a Stay of Proceedings). The stay was requested because Plaintiff elected to participate in a claim reassessment process with UNUMProvident (Appendix 2 to Plaintiff's Second NO. CIV-04-0499-PHX-SRB PLAINTIFF'S THIRD MOTION FOR A STAY OF PROCEEDINGS

(Assigned to the Honorable Susan R. Bolton)

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Motion for a Stay of Proceedings), and, if Plaintiff is successful in the reassessment process, this action would be moot. On March 22, 2005 UNUMProvident advised that the reassessment process may take up to 24 months or more (Appendix 3 to Plaintiff's Second Motion for a Stay of Proceedings). On November 2, 2005 this Court granted

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Plaintiff's Second Motion for a Stay. To date, Plaintiff has not received notice from UNUMProvident that the reassessment has begun. It is counsel's understanding that UNUMProvident is now working on 2002 cases. Ms. Jolicoeur's claim was denied on July 31, 2003. It is expected that UNUMProvident will review Ms. Jolicoeur's claim within the next year. Currently, Plaintiff is willing to wait an additional 180 days for Defendant to start the reassessment process. Therefore, Plaintiff seeks to continue the stay of all proceedings for an additional 180 days. Therefore, Plaintiff requests that another stay be issued for 180 days, to be shortened or extended by written application of the parties herein, subject to Court Order.

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Counsel for the Defendant has been informed regarding this Motion and authorizes the undersigned to represent to the Court that there is no opposition thereto.

Respectfully submitted this 3rd day of May, 2006. __s/Eric G. Slepian_____ ERIC G. SLEPIAN Attorney for Plaintiff

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CERTIFICATE OF SERVICE

I hereby certify that on May 3, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF Registrants: Ann-Martha Andrews, Esq. Lewis & Roca, LLP 40 N. Central Avenue Phoenix, AZ 85004-4429

s/ Genesia Conover SLEPIAN LAW OFFICE

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