Board of Trustees of the Ibew v. Cigna Health & Life Ins. Co.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JUL 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BOARD OF TRUSTEES OF THE IBEW No. 21-16424

LOCAL NO. 640 AND ARIZONA

CHAPTER NECA HEALTH AND D.C. No. 2:20-cv-01260-MTL WELFARE TRUST FUND, as fiduciary of its welfare plan,

MEMORANDUM*

Plaintiff-Appellant,

v.

CIGNA HEALTH AND LIFE INSURANCE

COMPANY,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Michael T. Liburdi, District Judge, Presiding

Argued and Submitted July 7, 2022 Honolulu, Hawaii

Before: WARDLAW, NGUYEN, and OWENS, Circuit Judges.

The Board of Trustees (“Board”) of the IBEW Local No. 640 and Arizona

Chapter NECA Health and Welfare Trust Fund (“Fund”) appeals the district

court’s order compelling arbitration and dismissing the Board’s lawsuit against

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Cigna Health and Life Insurance Company. We have jurisdiction under 9 U.S.C.

§ 16(a)(3) and 28 U.S.C. § 1291.…