Rorabaugh

MEMORANDUM **

Defendants Continental Casualty Company et al. appeal the judgment of the district court in favor of plaintiff Willow Rorabaugh on her claim for long term disability plan benefits under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 , et seq. .

1. Defendants waived their right to appeal the district court’s choice of the de novo standard of review by filing a stipulation to the standard and reiterating the stipulation in their trial memorandum. Ritchie v. United States, 451 F.3d 1019 , 1026 & n. 12 (9th Cir.2006). Defendants’ authority, Regula v. Delta Family-Care Disability Survivorship Plan, 266 F.3d 1130, 1138 (9th Cir.2001), judgment vacated on other grounds, 539 U.S. 901 , 123 S.Ct. 2267 , 156 L.Ed.2d 109 (2003), does not require that we ignore the stipulation. In Regula we declined to adhere to the parties’ stipulation to abuse of discretion review because the stipulation did not disclose whether the parties intended highly deferential or less deferential abuse of discretion review. Id. at 1139 . Defendants’ stipulation to de novo review presents no such concern.

2. Defendants waived their right to appeal the admission of Dr. Marks’s…