SEDGWICK LLP

125 Broad Street, 39th Floor

New York, New York 10004-2400

Telephone: (212) 422-0202

Facsimile: (212) 422-0925

Attorneys for Defendants

Hartford Life and Accident

Insurance Company s/h/a

The Hartford Benefit Management 

Services and GDB Claims and 

Services Operations

UNITED STATES DISTRICT COURT

DISTRICT COURT OF NEW JERSEY

----------------------------------------------------------------x

JAMES WRIGHT,

Plaintiff,

-againstTHE HARTFORD BENEFIT MANAGEMENT 

SERVICES; GDB CLAIMS AND SERVICES 

OPERATIONS; ABC 1-10 (that being the names of 

the corporate entities, companies, partnership or 

individuals intended), 

Defendant.

Civil No.: 2:11-cv-00602 

Hon. Stanley R. Chesler, U.S.D.J.

Hon. Michael A. Shipp, U.S.M.J.

ORDER

----------------------------------------------------------------x

THIS MATTER having been brought before the Court upon the application of Sedgwick LLP, 

attorneys for defendant Hartford Life and Accident Insurance Company s/h/a THE HARTFORD 

BENEFIT MANAGEMENT SERVICES and GDB CLAIMS AND SERVICES OPERATIONS

(“Hartford”), in this action, and the Court having considered the papers as well as any opposition and reply, 

and for good cause shown;

IT IS on this _______ day of ____________________, 2012,

ORDERED THAT:

Case 2:11-cv-00602-SRC -MAS Document 29-1 Filed 11/28/11 Page 1 of 4 PageID: 1346
Defendant Hartford Life and Accident Insurance Company’s s/h/a The Hartford Benefit 

Management Services and GDB Claims and Services Operations (“Hartford”), motion for summary 

judgment is granted in its entirety and the plaintiff’s motion for summary judgment is denied in its entirety 

pursuant to Rule 56, FED. R. CIV. PROC.; and it is

FURTHER ORDERED that plaintiff’s Complaint is dismissed with prejudice on the grounds that 

Hartford’s decision to deny the plaintiff’s claim for continuing long term disability plan benefits under the 

Employee Retirement and Income Security Act of 1974 (“ERISA”) §502(a)(1)(B); 29 U.S.C. §1132(a)(1)(B), 

was not arbitrary and capricious; and it is 

FURTHER ORDERED that plaintiff’s state law claims are dismissed as a matter of law because they 

are completely preempted by ERISA; and it is 

FURTHER ORDERED that plaintiff’s claim for breach of fiduciary duty under ERISA §502(a)(3) is 

dismissed because ERISA §502(a)(1)(B) provides the exclusive remedy for claimants seeking to enforce 

rights to benefits under ERISA; and it is 

FURTHER ORDERED that plaintiff will pay defendant’s counsel attorney’s fees and costs in the 

amount of $ ; and it is 

FURTHER ORDERED that a copy of this Order will be served on counsel for plaintiff within days 

of this Order

____________________________________

Hon. Stanley R. Chesler, U.S.D.J.

Case 2:11-cv-00602-SRC -MAS Document 29-1 Filed 11/28/11 Page 2 of 4 PageID: 1347
3

NY/756016v1

SEDGWICK LLP

125 Broad Street, 39th Floor

New York, New York 10004-2400

Telephone: (212) 422-0202

Facsimile: (212) 422-0925

Attorneys for Defendants

Hartford Life and Accident

Insurance Company s/h/a

The Hartford Benefit Management 

Services and GDB Claims and 

Services Operations

UNITED STATES DISTRICT COURT

DISTRICT COURT OF NEW JERSEY

----------------------------------------------------------------x

JAMES WRIGHT,

Plaintiff,

-againstTHE HARTFORD BENEFIT MANAGEMENT 

SERVICES; GDB CLAIMS AND SERVICES 

OPERATIONS; ABC 1-10 (that being the names of 

the corporate entities, companies, partnership or 

individuals intended), 

Defendants.

Civil No.: 2:11-cv-00602 

Hon. Stanley R. Chesler, U.S.D.J.

Hon. Michael A. Shipp, U.S.M.J.

PROOF OF MAILING

----------------------------------------------------------------x

1. I, Daniel M. Meier, am an associate with the law firm of Sedgwick LLP, attorneys for 

DEFENDANT HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY s/h/a THE 

HARTFORD BENEFIT MANAGEMENT SERVICES and GDB CLAIMS AND SERVICES 

OPERATIONS. 

2. I hereby certify that I mailed a sealed package with postage pre-paid, via regular mail 

addressed to:

Kevin T. Kutyla, Esq.

83 Spring Street

Newton, NJ 07860

(973) 940-8970

Attorney for Plaintiff

Case 2:11-cv-00602-SRC -MAS Document 29-1 Filed 11/28/11 Page 3 of 4 PageID: 1348
NY/756016v1 4

3. This package contained copies of defendant’s PROPOSED ORDER which was filed with 

the court via ECF.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing 

statements made by me are willfully false, I am subject to punishment.

Dated: November 28, 2011

s/ Daniel M. Meier

Daniel M. Meier, Esq. (DM- 041942006)

Case 2:11-cv-00602-SRC -MAS Document 29-1 Filed 11/28/11 Page 4 of 4 PageID: 1349