Edgar S. Villacorta v. Fmc Corporation

39 F.3d 1190 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edgar S. VILLACORTA, Plaintiff-Appellee, v. FMC CORPORATION, Defendant-Appellant. No. 93-16221. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Decided Nov. 8, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Villacorta works for FMC and participates in its Health Plan. He requested preauthorization for an osteotomy to correct his obstructive sleep apnea syndrome. FMC approved his request for the osteotomy, but denied it for related orthodontia treatment. 3 Villacorta sued FMC, alleging a wrongful denial of benefits under ERISA. 28 U.S.C. Secs. 1001 et seq. FMC appeals the district court's grant of his motion for summary judgment, and denial of its motion for summary judgment. A grant of summary judgment is reviewed de novo. Jesinger v. Nevada Fed. Credit Union, 24 F.3d 1127, 1130 (9th Cir.1994). FMC also appeals the district court's award of fees and costs.…