Bonner

MEMORANDUM ***

Gary Lynn Bonner appeals pro se the district court’s summary judgment in this action for disability benefits, vacation pay, and statutory penalties under the Employee Retirement Income Security Act of *112 1974 (“ERISA”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s choice and application of the standard of review in the ERISA context, Tremain v. Bell Inds., 196 F.3d 970 , 975 (9th Cir.1999), and grant of summary judgment, id. We review for abuse of discretion the denial of a motion to amend the complaint. Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1087 (9th Cir.2002). We affirm.

The district court properly determined it should review for abuse of discretion the denial of benefits under the Union Pacific Flexible Benefits Program (“The Plan”). See Sandy v. Reliance Std. Life Ins. Co., 222 F.3d 1202, 1207 (9th Cir.2000). In determining the appropriate standard of review, the district court also properly applied the “less deference” analysis to determine that Bonner faded to produce evidence, beyond the fact of an apparent conflict, that shows the Plan administrator breached her fiduciary obligations towards him. See…