Earl

MEMORANDUM *

Plaintiff Brett W. Earl appeals the district court’s summary judgment in favor of defendant Life Insurance Company of North America (“LINA”) in this Employment Retirement Income Security Act (“ERISA”) case. Earl claims entitlement to long-term disability benefits under an alternative definition of disability contained in two letters from two different LINA employees who quoted a disability definition from another insurance policy. The definition was not contained in the policy certified by LINA as the correct policy applicable to Earl at the time of his injury.

We conclude that the district court properly determined the only policy applicable to Earl’s disability claim was the policy produced by LINA during litigation. The district court did not abuse its discretion by excluding a copy of the quoted policy from the evidence considered on summary judgment because there was no genuine issue of material fact regarding whether the other policy actually applied to Earl’s claim. See Patelco Credit Union v. Sahni, *594 262 F.3d 897, 912 (9th Cir.2001); Far Out Prods., Inc. v. Oskar, 247 F.3d 986 , 992 (9th Cir.2001). The only evidence Earl produced to support his…