Sommer

MEMORANDUM *

Beginning in the mid-1990s, Appellant Alexander Sommer sought disability benefits under policies he obtained through his employer, Wedbush. Following denial of benefits by appellee UNUM, he sued in federal court.

This panel’s consideration is the fifth given to this case in the federal courts. District Court Judge Jensen issued a final judgment in Sommer I. This court affirmed the summary judgment. Sommer v. UNUM Life Ins. Co. of Am., 1999 WL 173570 , 1999 U.S. App. LEXIS 5388 (9th Cir.1999). Sommer filed his claim with the company again. His claim was for the same disability and the same policy, so UNUM rejected it again. Following this second rejection, Sommer filed his second suit in federal district court. In Sommer II, District Judge Armstrong dismissed the case based on lack of jurisdiction because Sommer I was pending before the Ninth Circuit and also imposed $1,000 in Rule 11 sanctions. She noted that even if the court did have jurisdiction, Sommer II would be barred by res judicata as a result of Sommer I. This court agreed, affirming on res judicata grounds. Sommer v. UNUM Life Ins. Co. of Am., 1999 WL 173592 , 1999 U.S.App. LEXIS 5382 (9th Cir.1999).…