Mavity v. American Protectors Ins. Co.

12 F.3d 1107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Suzanne Sparks MAVITY; Michael D. Mavity; Shannon D. Sparks, a minor by her Guardian ad Litem and Next Friend Suzanne Sparks Mavity, Plaintiffs-Appellants, v. AMERICAN PROTECTORS INSURANCE CO., General American Life Insurance Co.; McDonnell Douglas Corporation, by its statutory Erisa agent, General American Life Insurance Co. Defendants-Appellees. No. 92-15197. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 10, 1993. Decided Nov. 22, 1993. 1 Before: BROWNING and CANBY, Circuit Judges, and KELLEHER * District Judge 2 MEMORANDUM ** 3 The Mavitys brought suit under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Sec. 1132 , seeking payment for medical claims. The district court dismissed the action, ruling that the Mavitys had failed to exhaust their administrative remedies. In addition, the court ordered the Mavitys to pay the defendants' attorney fees and imposed Rule 11…