Vaught

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RAYMOND VAUGHT, 

Plaintiff-Appellant, No. 06-15507 v.  D.C. No.

CV-05-00718-DGC

SCOTTSDALE HEALTHCARE

CORPORATION HEALTH PLAN, OPINION

Defendant-Appellee.  Appeal from the United States District Court for the District of Arizona David G. Campbell, District Judge, Presiding

Argued and Submitted January 15, 2008—San Francisco, California

Filed September 29, 2008

Before: William A. Fletcher, Carlos T. Bea, and Sandra S. Ikuta, Circuit Judges.

Opinion by Judge Ikuta; Partial Concurrence and Partial Dissent by Judge Bea

13847 13850 VAUGHT v. SCOTTSDALE HEALTHCARE CORP.

COUNSEL

Randolph G. Bachrach, Phoenix, Arizona, for the plaintiff- appellant.

Lawrence J. Rosenfeld, Greenberg Traurig, LLP, Phoenix, Arizona, for the defendant-appellee. VAUGHT v. SCOTTSDALE HEALTHCARE CORP. 13851

OPINION

IKUTA, Circuit Judge:

Plaintiff-appellant Raymond Vaught appeals the district court’s grant of summary judgment in favor of defendant- appellee Scottsdale Healthcare Corp. Health Plan (the Plan), Vaught’s health plan. The Plan is governed by the…