Hertan

FINDINGS OF FACT AND CONCLUSIONS OF LAW

This is an Employee Retirement Income Security Act (“ERISA”) action for recovery of partial disability benefits. Plaintiff Gaye Hertan (“Plaintiff’ or “Hertan”) seeks benefits under a group insurance policy (the “Policy”) issued to Seyfarth Shaw, LLP by defendant Unum Life Insurance Company of America (“Defendant” or “Unum”).

After providing Plaintiff with an opportunity to conduct limited discovery concerning the potential conflicts of interest under which Unum’s medical experts may have operated. Plaintiff has requested that the Court take judicial notice of Unum’s discovery responses. (Docket No. 60, Attachment No. 3.) Although Unum disputes the relevance of the evidence, it does not object to the Request for Judicial Notice. The Court therefore takes judicial notice of Unum’s interrogatory responses. See Mongeluzo v. Baxter Travenol Long Term Disability Benefit Plan, 46 F.3d 938, 943 (9th Cir.1995) (“We agree ... that new evidence may be considered under certain circumstances to enable the full exercise of informed and independent judgment.... ‘Consequently, we adopt a scope of review that permits the district court in its discretion…