Walters v. Odyssey Healthcare Management Long Term Disability Plan

Good Law
517 F. App'x 591
United States Court of Appeals for the Ninth CircuitApril 29, 201311-16762California276 words

Opinion

Opinion

MEMORANDUM

Candace S. Walters appeals from the district court’s dismissal of her action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 . We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s order and remand.

The complaint alleged that Walters submitted a long-term disability claim to Odyssey Healthcare Management Long Term Disability Plan (“Odyssey” or “Plan”). It alleged that Odyssey “refused to process” her claim and that “[a]s a matter of ERISA law and regulations, [she] is deemed to have fully exhausted all administrative remedies required under the Plan.”

Odyssey moved to dismiss the complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that Walters “fail[ed] to allege facts sufficient to show that she exhausted the Plan’s internal appeal process before filing suit.” The district court granted Odyssey’s motion without prejudice, giving Walters leave to file an amended complaint. Instead, Walters filed an interlocutory appeal in this court. Because Walters failed to submit an amended complaint, the district judge later filed an order dismissing her case with prejudice.

Walters’s complaint…

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