Pauline Newton, Special Administrator for the Estate of David Kaplan v. Barish Chrysler-Plymouth Medical Plan Escobar Diversified Services

42 F.3d 1401 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Pauline NEWTON, * Special Administrator for the Estate of David Kaplan, Plaintiff-Appellant, v. BARISH CHRYSLER-PLYMOUTH MEDICAL PLAN; Escobar Diversified Services, Defendants-Appellees. No. 93-55575. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Nov. 15, 1994. 1 Before: FLETCHER and FERNANDEZ, Circuit Judges, and SEDWICK, ** District Judge. 2 MEMORANDUM *** 3 Pauline Newton, Administrator of the Estate of David Kaplan, appeals the dismissal of an action against Barish Chrysler-Plymouth Medical Plan (Plan) and Escobar Diversified Services (EDS), claims supervisor for the Plan. We will hereafter refer to the appellant as Kaplan. Kaplan argues that because the complaint alleged that administrative remedies were exhausted or that exhaustion was excused by futility, the district court erred in dismissing a claim for ERISA plan benefits. Kaplan also argues that ERISA does…