Dimry

Dimry v. Bert Bell/Pete Rozelle NFL Player Retirement Plan

Good Law
United States District Court, Northern District of CaliforniaJune 1, 20223:19-cv-05360California3,544 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHARLES DIMRY, Case No. 19-cv-05360-JSC

Plaintiff,

ORDER RE: RULE 52 MOTIONS

v. 9 Re: Dkt. Nos. 74, 75 BERT BELL/PETE ROZELLE NFL PLAYER RETIREMENT PLAN, et al., 11 Defendants.

12 Charles Dimry 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 “Retirement Board”) to deny him total and permanent disability benefits under the Plan and the Employee Retirement Income Security Act of 1974 (“ERISA”). The Court previously found that the Retirement Board abused its discretion and denied Mr. Dimry full and fair review of his disability claim under ERISA. (Dkt. No. 46.) On appeal, the Ninth Circuit Court of Appeals affirmed and remanded to this Court to determine whether Mr. Dimry is entitled to benefits. (Dkt. No 64.) See Dimry v. Bert Bell/Pete Rozelle NFL Player Ret. Plan, 855 F. App’x 332, 334 (9th Cir. 2021). On remand, Mr. Dimry was permitted to provide…

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