Leeson

MEMORANDUM *

Appellant Jack Leeson (“Leeson”) appeals the district court’s order granting summary judgment to Transamerica Disability Income Plan (“Transamerica” or “AEGON”) as to claims arising from its denial of benefits to Leeson under the Transamerica Corporation Disability Income Plan (“Basic Plan”), which is a long- *565 term disability plan governed by the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. 1 We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo both the district court’s grant of summary judgment, KP Permanent Make-Up, Inc. v. Lasting Impression, I, Inc., 408 F.3d 596, 602 (9th Cir.2005), and the district court’s choice and application of the appropriate standard of review, Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955, 962 (9th Cir.2006) (en banc). We vacate and remand, with instructions. Because the parties are aware of the facts in this case, we recount them only as necessary.

First, Leeson’s spoliation argument, which he raises for the first time on appeal, is without merit. Spoliation is an evidentiary doctrine under which a district court can, in its discretion, sanction a party that destroys evidence,…