Neerdaels
Neerdaels v. Group Short Term Disability & Long Term Disability Plan for Employees of Akamai Technologies, Inc.
Opinion
Lead Opinion
MEMORANDUM **
This case arises under the Employee Income Retirement Security Act of 1974 (“ERISA”). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.
Charles Neerdaels appeals from the district court’s orders (1) denying Neerdaels’s motion for summary judgment on the merits; (2) granting the motion for summary judgment on the merits filed by the Group Short Term Disability and Long Term Disability Plan for Employees of Akamai Technologies, Inc. (“the Plan”); and (3) denying Neerdaels’s motion to admit evidence outside the administrative record. The facts are known to the parties and we dispense with reciting them further here.
“We review de novo a district court’s choice and application of the standard of review to decisions by fiduciaries in ERISA cases.” Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir. 2006). We also review de novo the district court’s interpretations of an ERISA policy’s language. Shane v. Albertson’s Inc., 504 F.3d 1166, 1168 (9th Cir.2007). “We review de novo the district court’s grant of summary judgment and, viewing the evidence in a light most favorable to the non-moving party, determine whether there are any genuine issues of…