Jackson v. Wilson, Jackson, Goodrich & Sonsini

MEMORANDUM **

Pamela Jackson appeals the district court’s grant of summary judgment for *512 Appellees, upholding their decision to deny her Long Term Disability Benefits under an ERISA plan. We reverse. Because the parties are familiar with the facts and procedural history, we will not recount them here.

The first issue on appeal is whether the district court granted a Rule 56 Motion for Summary Judgment or a Rule 52 judgment on the record. The district court issued an order entitled “Order Denying Plaintiffs Motion for Summary Judgment and Granting Defendants’ Cross-Motion for Summary Judgment”. Its only mention of Rule 52 was cursory, and failed to meet any of the procedural requirements for a Rule 52 judgment on the record. See Unt v. Aerospace Corp., 765 F.2d 1440, 1444 (9th Cir.1985); see also Starsky v. Williams, 512 F.2d 109 (9th Cir.1975). Accordingly, the district court issued an order granting summary judgment for Appellees, and we review it as such.

The district court was to review Appellant’s ERISA file de novo. See Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 , 963 (9th Cir.2006) (en banc). To accomplish this task, the district court had to review the…

concurring in part and dissenting in part:

I agree with the majority that summary judgment under Rule 56 should not have been entered in favor of defendants. I disagree, however, with the direction that on remand summary judgment be granted in favor of plaintiff. The evidence is not so one-sided as to eliminate genuine issues of material fact. Notably, there is a genuine issue with regard to the plaintiffs ability to do her help desk job even with her pain, in light of Defendants’ submission that her job allows her to “move around as needed.”

FILED

NOT FOR PUBLICATION JUN 08 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAMELA JACKSON, et al., No. 10-17112

Plaintiff-Appellant, D.C. No. 3:08-CV-01607-JSW

v. MEMORANDUM*

WILSON, JACKSON, GOODRICH &

SONSINI, et al.,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California Jeffrey S. White, District Judge, Presiding

Argued and Submitted December 1, 2011 San Francisco, California

Before: THOMAS and CLIFTON, Circuit Judges, and CARR, Senior District Judge.**

Pamela Jackson appeals the district court’s grant of summary judgment for

Appellees, upholding their decision to deny her Long Term Disability Benefits under

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The Honorable James G. Carr, Senior District Judge for the U.S. District Court for the Northern District of Ohio, sitting by designation. an ERISA plan. We reverse.…