Castillo

Castillo v. Cigna Healthcare

Good Law
11 F. App'x 945
United States Court of Appeals for the Ninth CircuitJune 7, 2001No. 00-15573; DC No. CV 98-03868 VRWCalifornia1,784 words

Opinion

Lead Opinion

MEMORANDUM *

Gail Castillo (“Castillo”) appeals from the district court’s grant of summary judgment against her action brought under 29 U.S.C. § 1132 (a)(1)(B) to recover benefits denied by Cigna Healthcare (“Cigna”), plan administrator for the AT&T Medical Expense Plan for Management Employees. Castillo also contends that the district court erred by denying discovery on several issues. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the grant of summary judgment against Castillo but affirm the district court’s discovery rulings.

The parties are familiar with the tragic circumstances surrounding Castillo’s severe injuries, her subsequent treatment, and the prior proceedings in this action, so we need not repeat them here. We review the district court’s grant of summary judgment de novo. Simkins v. NevadaCare, Inc., 229 F.3d 729, 733 (9th Cir.2000). In an action to recover benefits under ERISA, the decision of a plan administrator is reviewed de novo unless the plan gives the administrator discretionary authority to determine eligibility for benefits or to construe the terms of *948 the plan. Kearney v. Standard Ins. Co., 175 F.3d 1084, 1089 (9th Cir.1999) (en…

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