Baldoni
Baldoni v. Unumprovident
Opinion
Lead Opinion
MEMORANDUM *
Plaintiff-Appellant Michael Baldoni (Baldoni) appeals the district court’s grant of summary judgment in favor of Defendant-Appellee UnumProvident (Unum) in his action filed pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 , alleging wrongful denial of long-term disability benefits. Because the parties are familiar with the facts, we do not recount them here, except as is necessary to explain our decision. We have jurisdiction pursuant to 28 U.S.C. § 1291 , review the summary judgment decision de novo, Vaught v. Scottsdale Healthcare Corp. Health Plan, 546 F.3d 620, 625 (9th Cir.2008), and affirm.
Baldoni first argues that the district court abused its discretion by granting Unum’s protective order against his three interrogatories, asserting that Aba- *577 tie v. Alta Health & Life Ins. Co., 458 F.3d 955 (9th Cir.2006) (en banc), “mandates discovery concerning the nature, extent and effect of a conflict on the plan administrator’s exercise of discretion.” This reading of Abatie is incorrect. Abatie holds that “[t]he district court may, in its discretion, consider evidence outside the administrative record to decide the nature,…