Pittman

Pittman v. Travelers Indemnity Co.

Good Law
286 F. App'x 449
United States Court of Appeals for the Ninth CircuitJuly 25, 2008No. 06-35626California655 words

Opinion

Lead Opinion

MEMORANDUM **

Deborah C. Pittman appeals the district court’s order granting a Fed.R.Civ.P. 12(b)(6) motion to dismiss Pittman’s claim for intentional infliction of emotional distress. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The basis of Pittman’s claim is that defendants’ agents intentionally concealed evidence—specifically, a videotape and a recorded statement—to delay proceedings in her workers’ compensation appeal.

We briefly review the pertinent factual and procedural history. On November 12, 2008, Pittman requested a hearing to appeal the denial of her workers’ compensation claim. The hearing was scheduled for February 9, 2004. On February 4, 2004, the defendants’ attorney, who believed that his clients did not possess any evidence alerting them to the nature of Pittman’s claim, requested a continuance so that the defendants could respond to Pittman’s repetitive work injury claim. During that conference, the defendants’ attorney, apparently on the basis of the clients’ statements to the attorney, represented to the ALJ that the defendants did not possess a videotape or recorded statement. The ALJ indefinitely postponed the hearing. On February 17,…

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