John Ross v. Excel Group Flexible Benefit P

MEMORANDUM

Plaintiff John B. Ross appeals from the summary judgment entered in favor of Defendants Excel Group Flexible Benefit Plan and The Hartford on his claim that Hartford improperly denied his application for disability benefits under the disability insurance policy that Plaintiff had through his former employer, Excel Group. We review de novo the district court’s choice and application of the standard of review to decisions by fiduciaries in cases brought under the Employee Retirement Income Security Act of 1974. Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc). We review for abuse of discretion the district court’s denial of a motion to compel discovery. Hallett v. Morgan, 296 F.3d 732, 751 (9th Cir.2002).

1. We affirm the denial of Plaintiffs motion to compel discovery. Plaintiff failed to serve his discovery requests in accordance with the district court’s scheduling order, and he offers no justification for failing to do so. Moreover, Plaintiff has not identified any particular document or piece of information, or even any kind of document or information, that would have changed the outcome of this action. Because Plaintiff has not…