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No. 8644646
United States Court of Appeals for the Ninth Circuit
Sereno v. VPA, Inc.
No. 8644646 · Decided October 22, 2007
No. 8644646·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
October 22, 2007
Citation
No. 8644646
Disposition
See opinion text.
Full Opinion
MEMORANDUM *** Plaintiff Bernadette Sereno appeals the district court’s grant of summary judgment to Defendants VPA, Inc., and Albert-son’s, and the district court’s denial of Plaintiffs discovery request. Defendants denied long-term disability benefits to Plaintiff under the relevant disability-benefits plan, and Plaintiff brought suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1132 (a)(1)(B). In applying abuse of discretion review and ruling that discovery beyond the administrative record was unavailable, the district court faithfully applied the relevant law at the time. That law has since been overruled by Abatie v. Alta Health & Life Insurance Co., 458 F.3d 955 (9th Cir.2006) (en banc). We therefore vacate the judgment and remand to the district court for reconsideration in the light of Abatie and, if appropriate, for the receipt of additional evidence. VACATED and REMANDED. The parties shall bear their own costs on appeal. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM *** Plaintiff Bernadette Sereno appeals the district court’s grant of summary judgment to Defendants VPA, Inc., and Albert-son’s, and the district court’s denial of Plaintiffs discovery request.
Key Points
01MEMORANDUM *** Plaintiff Bernadette Sereno appeals the district court’s grant of summary judgment to Defendants VPA, Inc., and Albert-son’s, and the district court’s denial of Plaintiffs discovery request.
02Defendants denied long-term disability benefits to Plaintiff under the relevant disability-benefits plan, and Plaintiff brought suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C.
03In applying abuse of discretion review and ruling that discovery beyond the administrative record was unavailable, the district court faithfully applied the relevant law at the time.
04Alta Health & Life Insurance Co., 458 F.3d 955 (9th Cir.2006) (en banc).
Frequently Asked Questions
MEMORANDUM *** Plaintiff Bernadette Sereno appeals the district court’s grant of summary judgment to Defendants VPA, Inc., and Albert-son’s, and the district court’s denial of Plaintiffs discovery request.
FlawCheck shows no negative treatment for Sereno v. VPA, Inc. in the current circuit citation data.
This case was decided on October 22, 2007.
Use the citation No. 8644646 and verify it against the official reporter before filing.