Waggener
Waggener v. Unum Life Insurance Co. of America
Opinion
Opinion
Battaglia, J.
Order Granting in Part and Denying in Part Defendant’s Motion for Protective Order [Doc. No. 10]
Defendant Unum Life Insurance Company of America moves the Court for a Protective Order precluding Plaintiff Susan Waggener from conducting any discovery outside the administrative record in this ERISA case. Waggener has filed an opposition. Unum Life has filed a reply. This motion is appropriate for submission on the papers and without oral argument pursuant to Local Rule 7.1(d)(1). For the reasons set forth herein, Unum’s motion is GRANTED IN PART AND DENIED IN PART.
Background
Waggener was a partner in the real estate department of the Los Angeles law firm of Gibson, Dunn & Crutcher until October of 1989. In November 1989, Wag-gener was diagnosed with chronic fatigue syndrome. Based upon that diagnosis, Waggener applied for and began receiving disability benefits under the firm’s group disability benefits policy with Unum Life.
Over the course of the next ten years, Waggener saw more than a dozen different doctors complaining primarily of debilitating fatigue and cognitive impairment. Unum Life continued to pay benefits to Waggener. The administrative record includes records…