Sandra L. Furnari v. Donald C. Dornan

12 F.3d 1106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sandra L. FURNARI, Plaintiff-Appellant, v. Donald C. DORNAN, Defendant-Appellee. No. 92-55198. United States Court of Appeals, Ninth Circuit. Submitted Sept. 2, 1993. * Decided Dec. 6, 1993. Before: TANG, CANBY and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Sandra L. Furnari filed an ERISA claim under 29 U.S.C. Sec. 1132 . Furnari sought benefits under two ERISA plans (the "Plans") maintained by her employer, Donald Dornan, D.D.S. ("Dr. Dornan") and Donald C. Dornan, D.D.S., Inc. (collectively, "Dornan"). Ultimately, the district court ruled that Furnari lacked standing and ordered her to pay costs and attorney's fees. Furnari timely appeals. We affirm the district court's ruling on standing but do not reach the question of attorney's fees because it is not a final appealable order. I. 3 The district court initially found standing for Furnari to bring a claim as a participant under ERISA but, after a bench trial…