Setty

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 21 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRIAN SETTY, No. 23-3706 D.C. No. Plaintiff - Appellant, 3:23-cv-02464-LB v. MEMORANDUM*

UNITED FINANCIAL CASUALTY

COMPANY, INC.,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of California Laurel D. Beeler, Magistrate Judge, Presiding

Submitted November 18, 2024** San Jose, California

Before: GRABER, FRIEDLAND, and BUMATAY, Circuit Judges.

Plaintiff Brian Setty brought this action against Defendant United Financial

Casualty Company, seeking underinsured motorist benefits under an automobile

insurance policy. The district court dismissed the action pursuant to Federal Rule

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). of Civil Procedure 12(b)(6) on the…