Dimry
Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES DIMRY, Case No. 19-cv-05360-JSC
Plaintiff,
ORDER RE: CROSS-MOTIONS FOR
v. JUDGMENT ON THE
ADMINISTRATIVE RECORD
BERT BELL/PETE ROZELLE NFL PLAYER RETIREMENT PLAN, et al., Re: Dkt. Nos. 33, 36 11 Defendants.
12 Plaintiff is a former player in the National Football League. He challenges the decision of the Retirement Board of the Bert Bell/Pete Rozelle NFL Player Retirement Plan (the “Plan”) to deny him total and permanent disability benefits under the Plan and the Employee Retirement Income Security Act of 1974 (“ERISA”). Both parties now seek judgment in their favor under Federal Rule of Civil Procedure 52. (Dkt. Nos. 33 & 36.) Having considered the parties’ briefs and the relevant legal authority, and having had the benefit of oral argument on July 30, 2020, the Court finds that Defendants abused their discretion in denying Mr. Dimry’s disability claim and REMANDS for further proceedings consistent with this Order. …