Gonda
Gonda v. Permanente Medical Group, Inc.
Opinion
Lead Opinion
Conti, J.
ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT
I. INTRODUCTION
Thomas A. Gonda (“Plaintiff’) brings this action for equitable relief and long-term disability benefits pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. The Permanente Medical Group, Inc. Long Term Disability Plan for Physicians (the “Plan”) and The Permanente Medical Group, Inc. (“TMPG” or the “Plan administrator”) (collectively, “Defendants”) now move for partial summary judgment. ECF No. 39 (“MSJ”). Specifically, Defendants seek an order establishing that the abuse of discretion standard should be used to determine Plaintiffs entitlement to Plan benefits. Plaintiff opposes the motion, arguing that the Court should apply the de novo standard of judicial review. ECF No. 38 (“Opp’n”). 1 The motion is fully briefed, ECF No. 39 (“Reply”), and appropriate for determination without oral argument per Civil Local Rule 7-l(b). For the reasons set forth below, the Court DENIES the motion and finds that de novo review is the appropriate standard.
II. BACKGROUND
The case concerns an ERISA Plan administered by TPMG and insured by a group disability policy issued by The…