Olive

Olive v. American Express Long Term Disability Benefit Plan

Good Law
183 F. Supp. 2d 1191·2002 WL 171290·27 Employee Benefits Cas. (BNA) 2020·2002 U.S. Dist. LEXIS 1560
United States District Court, Central District of CaliforniaJanuary 30, 2002CV 01-02520 DDP(RCX)California2,729 words

Opinion

Opinion

Pregerson, J.

ORDER GRANTING THE PLAINTIFF’S MOTION DETERMINING THAT THE STANDARD OF REVIEW IS DE NOVO

This matter comes before the Court on the plaintiffs motion for an order determining that the standard of review in the instant ERISA case is de novo. After reviewing and considering the materials submitted by the parties and hearing oral argument, the Court grants the motion.

BACKGROUND

On March 16, 2001, the plaintiff Ruth A. Olive filed a complaint against the defendants American Express Long Term Disability Benefit Plan and Metropolitan Life Insurance Company (“MetLife”) (collectively the “defendants”). The action arises under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”). The plaintiff alleges (1) benefits due under an ERISA plan pursuant to 29 U.S.C. § 1132 (A)(1)(B); and (2) restitution and restoration for breach of fiduciary duty under ERISA pursuant to 29 U.S.C. § 1104 (a)(l)(A)(I). (First Am. Compl. at 1.)

The plaintiff was employed by American Express Corporation (“American Express”). As an employee, the plaintiff became a participant in American Express’s employee welfare benefits plan (the “Plan”). The Plan is administered by Met-Life.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.