Groom

ORDER RE PLAINTIFF’S MOTION TO CONDUCT LIMITED DISCOVERY IN AN ERISA CASE [17]

I. INTRODUCTION

On March 5, 2007, the Court held new case status conferences in Sigalas-Hojda vs. Hartford Life and Accident Ins. Co. et al., CV 06-7491-SVW (SSx) and Groom v. The Standard Ins. Co. et al., CV 06-6130-SVW (Ex). The Court instructed counsel in both cases to address the issue of whether an ERISA plaintiff was entitled to conduct limited discovery subsequent to the Ninth Circuit’s decision in Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (9th Cir.2006).

The Court held a hearing on April 9, 2007. At the hearing the Court indicated that it was inclined to decide that an ERISA plaintiff is entitled to limited discovery concerning the question of a conflict of interest pursuant to the Ninth Circuit’s recent decision in Welch v. Metropolitan Life Ins. Co., 480 F.3d 942 (9th Cir.2007). The Court permitted the parties to file supplemental briefs concerning the holding in Welch . For the reasons discussed below, the Court concludes that an ERISA plaintiff is entitled to limited discovery concerning the question of a conflict of interest subsequent to the Ninth Circuit’s decision in Abatie…