(PS) Clay v. AT&T Umbrella Benefit Plan No. 3

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME A. CLAY, No. 2:17-cv-00749-KJM-KJN PS Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING SUMMARY JUDGMENT

v. (ECF Nos. 71) AT&T UMBRELLA BENEFIT PLAN

NO. 3,

15 Defendant. 16 This case arises from Defendant’s alleged improper denial of short term disability benefits, as governed by the Employee Retirement Income Security Act. The following causes of action survived multiple rounds of motions to dismiss and amendments to the pleadings: (I) failure to provide Plaintiff benefits under 29 U.S.C. § 1132(a)(1)(B), a “full and fair review” of his claim for benefits, or “the true reasons and documentation supporting [its] denial of his claim” under 29 U.S.C. § 1133; and (II) failure to provide Plaintiff with information about his benefits, under 29 U.S.C. § 1132(c)(1)(B). Plaintiff also generally alleges that “Defendant[ ] acted under a conflict of interest in denying [his] claim.” Defendant has moved for summary judgment, and Plaintiff opposed. …