Jones v. Aetna Life Ins. Co.

• Decision Date: 06 April 2020
• Docket Number: Civil Action No. ELH-19-1413
• Parties: MICHELLE JONES, Plaintiff, v. AETNA LIFE INSURANCE COMPANY Defendant.
• Court: U.S. District Court — District of Maryland

MICHELLE JONES, Plaintiff, v. AETNA LIFE INSURANCE COMPANY Defendant.

Civil Action No. ELH-19-1413

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

April 6, 2020

MEMORANDUM OPINION

In this Memorandum, the Court resolves a motion to enforce a settlement agreement.

Plaintiff Michelle Jones, who is self-represented, filed suit against "Amazon Corp. LLC" ("Amazon"). ECF 1 (the "Complaint"). Although the basis of the suit is difficult to discern, it appears that Jones was an employee of Amazon, and she was dissatisfied with the disposition of a "Long Term Disability Claim." Id. at 6. The disability benefits arise under an employee welfare benefit plan, which is governed by the Employee Retirement Income Security act of 1974, as amended ("ERISA"), 29 U.S.C. § 1001 et seq. ECF 1-1.¹

The case was initially assigned to U.S. Magistrate Judge J. Mark Coulson. On July 1, 2019, he granted a consent motion to substitute Aetna Life Insurance Company ("Aetna") as the defendant, and to dismiss the suit as to Amazon. ECF 11.

Thereafter, on August 16, 2019, Aetna filed a "Notice Of Settlement." ECF 14. Then, on September 3, 2019, defendant filed a motion to enforce the settlement agreement. ECF 19. The motion is supported by a memorandum of law (ECF 19-1) (collectively, the "Motion") and five exhibits. ECF 19-2 to ECF 19-6. Plaintiff opposes the Motion. ECF 26 (the "Opposition"). Inessence, she explains that she has changed her mind about the settlement because she has since learned that she may need additional medical treatment. She included a medical record. ECF 26-1. Defendant has replied (ECF 29) and has submitted an additional exhibit. ECF 29-1.

On September 9, 2019, during the briefing of the Motion, the case was reassigned to me. See Docket.

No hearing is necessary to resolve the Motion. See Local Rule 105.6. For the reasons that follow, I shall grant the Motion.

I. Factual and Procedural History

On May 14, 2019, plaintiff filed suit, complaining about the disposition of her claim for long-term disability benefits. ECF 1. Jones asserted, id. at 6:

I received a letter from Aetna Group dated February 2019 stating a final decision had been made in ref. to my long term disability claim. Informing my payments/benefits was terminated January 6, 2019. The reason given was lack of medical evidence to not be able to perform/return to work.

I sent Amazon via Aetna my doctor note which states I am unable to work through Oct. 30, 2019.

I am asking for my benefits to be continued and any past money from Jan. 6, 2019 going forward to be paid to me immediately.

By way of relief, Jones requests, id. at 7:

I would like money due me from 1/6/2019 through my doctor's note date of me unable to work of 10/30/19 and any punitive or exemplary damage amounts I am entitled to at this time. This has caused me dire financial strain.

As noted, Aetna filed a Notice Of Settlement on August 16, 2019. ECF 14. And, on September 3, 2019, Aetna filed an Answer to the suit (ECF 16), asserting, inter alia, that the parties had "reached a binding settlement...." Id. at 1. On the same date, Aetna filed the Motion.

In the Motion, Aetna claims that the parties reached a settlement on July 17, 2019. ECF 19 at 1; ECF 19-3 at 3; ECF 19-2 (Affidavit of Aaron Pohlmann, Esquire), ¶ 3. According to Aetna,"[i]n exchange for a settlement payment, Plaintiff executed a release in late July 2019," and she agreed to "take any and all action necessary to effect dismissal of this case with prejudice." ECF 19 at 1; see also ECF 19-2, ¶ 5; ECF 19-4 (Release). Aetna asserts that it delivered the settlement check to plaintiff on August 2, 2019 (ECF 19-2, ¶ 6), and plaintiff subsequently negotiated the check. ECF 19-5; see also ECF 19-2, ¶ 6.

Aetna explains that, "[a]fter Plaintiff received the settlement check, counsel for Aetna prepared a Notice of Dismissal with Prejudice, and asked Plaintiff to file it in accordance with the parties' agreement." ECF 19 at 2; ECF 19-2, ¶ 7. Aetna recounts that on August 12, 2019, Jones called defense counsel and left a voicemail message "saying she would file the Notice of Dismissal on August 14, 2019." ECF 19-2, ¶ 9. However, Jones failed to do so. ECF 19 at 2; ECF 19-2, ¶ 11. Aetna subsequently attempted to contact Jones on several occasions, without success. ECF 19-2, ¶ 10.

Aetna submitted various emails as exhibits. On July 17, 2019, defense counsel wrote to plaintiff, confirming his telephone conversation with her on that date. ECF 19-3 at 2-3. Counsel stated, id. at 3: "I conferred with Aetna and they have agreed to resolve this matter on the terms we discussed earlier - payment of [redacted ....]." Further, counsel said, id. at 3: "In exchange, Aetna will need [plaintiff] to sign a release and then dismiss [the] lawsuit 'with prejudice, which means it cannot be re-filed later." Id. (emphasis added). Counsel also advised that, upon receipt of "the signed and notarized release," Aetna would issue the settlement check. Id. A short time later, plaintiff responded, "Thank You. I am awaiting the documents for my signature." Id. at 2.

The following day, July 18, 2019, counsel for Aetna sent the Release to plaintiff, via email. Id. Counsel also requested Jones's mailing address for the purpose of processing the settlement check. Id.

Jones signed the Release on July 23, 2019, and had it notarized. ECF 19-4 at 6. The Release states, in part, id.:²

RELEASE

* * *

Voluntary Dismissal with Prejudice. Concurrently with the execution of this Release, RELEASOR authorizes and directs her counsel to prepare and file a dismissal of the Lawsuit and all related matters with prejudice and take any and all actions necessary to effect such dismissal.³

Further, the Release provides, in part, that plaintiff "expressly agrees to release, acquit and forever discharge" Aetna as follows, ECF 29-1 at 2:

Any and all past, present or future claims, actions, causes of action, rights, damages, costs, losses, expenses, judgments, demands, obligations, interest and compensation, of every kind and nature whatsoever, known or unknown, foreseen or unforeseen, in law or in equity, including for bad faith (common law or statutory), attorney's fees and costs, including, but not limited to any and all claims arising out of, involving or relating to (1) those that may in any way relate to or are the subject of a lawsuit brought by RELEASOR in the United States District Court for the District of Maryland, styled Michelle Mable Jones v. Amazon Corporate, LLC, Civil Action File No. 1:19-CV-01413-JMC ("the Lawsuit"); (2) RELEASOR'S claims for past, present and future benefits under a group policy of insurance issued to Amazon Corporate LLC, policy number GP-866242-GI ("the Policy"); (3) the Plan; and (4) the Policy.

Moreover, RELEASOR'S right to any past, present, and/or future long-term disability benefits under the Plan is hereby forever extinguished.

RELEASOR acknowledges and agrees that this Release is a general release.

RELEASOR expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the RELEASOR does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect RELEASOR'S decision to enter into this Release. RELEASOR further agrees that RELEASOR has accepted payment of the sum specified herein as a complete compromise of mattersinvolving disputed issues of fact. RELEASOR assumes the risk that the facts or law may be other than what RELEASOR believes.

In accordance with the parties' agreement, Aetna issued the settlement check on July 25, 2019. ECF 19-5 at 2. On July 30, 2019, counsel for Aetna emailed Jones and informed her that the settlement check would be "overnight[ed]" to her, once counsel received it. ECF 19-6 at 3. Aetna sent the check to plaintiff by Federal Express on July 31, 2019. Id. at 2. Of import here, Jones endorsed and negotiated the settlement check, in the sum of $6,000. ECF 19-5 at 2; ECF 26 at 1.

On August 5, 2019 and August 12, 2019, Aetna's attorney sent a Notice of Dismissal with prejudice to plaintiff, and asked her to file it, as agreed. See ECF 19-6 at 2, 3. He also invited plaintiff "to call to discuss at [her] convenience." Id. at 3. By email of August 12, 2019, counsel inquired about the status of the dismissal. Id. at 3. And, he told Jones that Aetna required the filing of the Notice Of Dismissal by August 14, 2019. Id. According to Aetna, Jones contacted Aetna's attorney sometime before August 15, 2019, and left a voicemail, apparently indicating that she would file the Notice Of Dismissal on August 14, 2019. See id. at 2.

On August 15, 2019, Aetna's lawyer attempted to follow up with Jones, via email. Id. And, on August 19, 2019, counsel emailed Jones, asking her to file the Notice Of Dismissal no later than that week. Id. Defense counsel also informed Jones that if she did not file the Notice Of Dismissal, Aetna would "have no alternative but to ask the Court to enforce the parties' settlement agreement and dismiss the lawsuit." Id.

Notably, Jones does not dispute the facts recounted by Aetna. Rather, in her Opposition, Jones states, ECF 26 at 1-2 (emphasis added):

I Michelle Jones wish to oppose the motion to enforce a settlement agreement reached on July 17, 2019 with Aetna to dismiss the case no. listed above. I have since had additional medical evidence indicating I may need additional medical treatment for at least an additional year. Pursuant to my physician. Which I haveattached. . . Michelle Jones would like my prior benefits of $1,238.51 per month reinstated less the $6,000 previously paid to me by Aetna regarded as back money due from January 2019 to present.

With her Opposition, Jones submitted a medical record from Madison Weinman, CRNP, dated September 24, 2019. ECF 26-1. The report reflects that plaintiff was initially seen on December 18, 2017, for neuropathy and cervical/foraminal stenosis. Id...