Abdel-Malek

Abdel-Malek v. Life Insurance Co. of North America

Good Law
359 F. Supp. 2d 912·2005 WL 578460·2005 U.S. Dist. LEXIS 7351
United States District Court, Central District of CaliforniaMarch 2, 200503-7542-PLACalifornia2,453 words

Opinion

Opinion

Abrams, J.

MEMORANDUM OPINION AND ORDER

INTRODUCTION

On October 22, 2003, plaintiff Alexan Abdel-Malek, M.D. (“plaintiff’) filed a Complaint against defendants Life Insurance Company of North America (“LINA”) and Southern California Perma-nente Medical Group Long Term Disability Insurance Plan (the “Plan”). Plaintiff alleges that defendants unlawfully terminated his long term disability benefits in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 , et seq. Defendants answered the Complaint on November 24, 2003.

On April 26, 2004, the parties consented to proceed before the undersigned Magistrate Judge. A bench trial was held on September 10, 2004. Having considered the evidence and the parties’ arguments, the Court concludes as follows.

PROCEDURAL ISSUES

The parties stipulated that the standard of review to be employed by the Court in reviewing the propriety of defendants’ decision concerning plaintiffs claim is de novo. They also stipulated to the admission of ten exhibits for the Court to consider in resolving this matter. See Stipulation Regarding Standard of Review and Joint Submission of Exhibits, filed July 19, 2004 (“Stipulation”). No…

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