Dioquino

Dioquino v. United of Omaha Life Insurance Company

Good Law
United States District Court, Southern District of CaliforniaApril 12, 20213:20-cv-00167California5,283 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

12 JONI DIOQUINO, Case No. 20-cv-00167-BAS-RBB 13 Plaintiff, ORDER GRANTING IN PART AND DENYING IN PART

DEFENDANT’S MOTION FOR

v. PARTIAL SUMMARY JUDGMENT (ECF No. 22) UNITED OF OMAHA LIFE

INSURANCE COMPANY,

17 Defendant.

Plaintiff Joni Dioquino brings this action under the Employee Retirement Income Security Act of 1974 (“ERISA”). She seeks disability benefits under two employee benefit plans funded by Defendant United of Omaha Life Insurance Company. Now before the Court is Defendant’s motion for partial summary judgment. (ECF No. 22.) Defendant argues part of Plaintiff’s action is moot. And it believes the remainder is not properly before the Court because she did not exhaust her plan-based remedies. Plaintiff opposes. (ECF No. 25.) The Court finds this motion suitable for determination on the papers submitted and without oral argument. See Fed. R. Civ. P. 78(b); Civ. L.R. 7.1(d)(1). For the…

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