Davis

MEMORANDUM *

Vikki E. Davis appeals the district court’s grant of summary judgment to First Reliance Standard Life Insurance Company (“First Reliance”) in her action for continued long-term disability benefits. We have jurisdiction under 28 U.S.C. § 1291 . We reverse and remand.

When a district court “engage[s] in the regrettable practice of adopting the findings drafted by the prevailing party wholesale, ... we review the district court’s decision with special scrutiny ... to determine whether its findings were clearly erroneous.” Silver v. Executive Car Leasing Long-Term Disability Plan, 466 F.3d 727, 733 (9th Cir.2006) (internal citations and quotation marks omitted). We review a district court’s decision to exclude evidence from the record for abuse of discretion. Id. at 732 n. 2. A district court abuses its discretion by applying an incorrect legal standard. Thurman Industries, Inc. v. Pay ’N Pak Stores, Inc., 875 F.2d 1369,1378 (9th Cir.1989).

Here, the district court adopted wholesale the findings drafted by the prevailing-party. The findings applied the wrong legal standard for reviewing Davis’s claim. In its Findings of Fact and Conclusions of Law, the district court…