Taniguchi

MEMORANDUM ****

Roy H. Taniguchi appeals from the order of the district court granting summary judgment in favor of The Prudential Insurance Company of America (“Prudential”). Mr. Taniguchi contends that summary judgment was improperly granted because there are genuine issues of material fact in dispute regarding whether he is disabled. 1 We agree and vacate the judgment and remand for a. trial on the merits. We have jurisdiction under 28 U.S.C. § 1291 .

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In response to Prudential’s motion for summary judgment, Mr. Taniguchi presented evidence from Dr. Kirit Patel that he suffers from narcolepsy. [ER 375] The record shows that Mr. Taniguchi would fall asleep for one to two hours while performing his duty as a process operator. This position required him to monitor computers which controlled the flow of products and make appropriate adjustments. Three other doctors who evaluated Mr. Taniguchi opined that Mr. Taniguchi’s sleep disorder made him incapable of being competitive in an eight hour per day work environment. [ER 123-25] Mr. Taniguehi submitted a report before Prudential’s Appeals Review Unit from a vocational assessment expert which concluded that Mr. Taniguchi’s…