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Gallupe v. Sedgwick Claims Management Services Inc., C17-1775-MJP. (2018)

Court: District Court, D. Washington Number: infdco20180723c47 Visitors: 19
Filed: Jul. 20, 2018
Latest Update: Jul. 20, 2018
Summary: ORDER GRANTING MOTION FOR PROTECTIVE ORDER MARSHA J. PECHMAN , District Judge . THIS MATTER comes before the Court on Plaintiff's Motion for a Protective Order. (Dkt. No. 52.) Having reviewed the Motion, the Response (Dkt. No. 54), the Reply (Dkt. No. 56) and all related papers, the Court GRANTS the Motion. This case involves a claim for short-term disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. 1001 et seq . In ruling on such a claim,
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ORDER GRANTING MOTION FOR PROTECTIVE ORDER

THIS MATTER comes before the Court on Plaintiff's Motion for a Protective Order. (Dkt. No. 52.) Having reviewed the Motion, the Response (Dkt. No. 54), the Reply (Dkt. No. 56) and all related papers, the Court GRANTS the Motion.

This case involves a claim for short-term disability benefits under the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. In ruling on such a claim, the Court generally considers only the evidence that was before the plan administrator when it denied benefits, regardless of whether the reviewing court applies an abuse of discretion or a de novo standard. See, e.g., Alford v. DCH Found. Grp. Long-Term Disability Plan, 311 F.3d 955, 959 (9th Cir. 2002) (citation omitted); Opeta v. Northwest Airlines Pension Plan for Contract Employees, 484 F.3d 1211, 1217 (9th Cir. 2007). Here, the Court finds no reason to look beyond the administrative record. Defendants' claim that they need to conduct discovery to determine "the completeness of the administrative record" and "whether there were any procedural irregularities" is unavailing, as Defendants alone have possession of this information.

The clerk is ordered to provide copies of this order to all counsel.

Source:  Leagle

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