Susan Heaton v. Prudential Insurance Company

FILED

NOT FOR PUBLICATION NOV 23 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SUSAN HEATON, No. 08-55874

Plaintiff - Appellant, D.C. No. 3:06-cv-01403-J-NLS

v.

MEMORANDUM *

PRUDENTIAL INSURANCE

COMPANY OF AMERICA; et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, Jr., District Judge, Presiding

Argued and Submitted October 5, 2009 Pasadena, California

Before: HALL, W. FLETCHER and CLIFTON, Circuit Judges.

Susan Heaton appeals the district court’s order granting defendants’ motion

for summary judgment. Because the record manifests a genuine factual dispute

about whether Heaton became totally disabled while she was a full-time Isis

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. employee, summary judgment was improper. We vacate the judgment below and

remand for further proceedings.

Heaton’s eligibility for benefits turns on whether she met her…