Free Appeal Document - District Court of Arizona - Arizona

ATTACHMENT 2
Case 2:04-cv-00525-RCB Document 112-3 Filed O2/08/2006 Page 1 of 2

Principal Issues Proposed to Be Raised on Appeal i
The District Court:
1. Applied the wrong standard of Judicial review on the Motion for Partial
Summary Judgment and on the Motion for Summary Judgment.
2. Abused its discretion by granting Defendants’ Motion for Partial Summary
Judgment and granting Def`endants’ Motion for Summary Judgment since there are _
numerous triable material factual issues. Q
3. Improperly considered Defendants’ evidence outside of the administrative i
record. E
4. Improperly ruled that a contract produced by Defendants after the Z
commencement of litigation was the controlling contract under which Plaintiff was
to have perfected her claim.
5. Improperly ruled that the standard of review for this case would be an
abuse of discretion based upon discretionary provision in the contract produced by _
Defendants after the commencement of litigation. E
6. Improperly denied Plaintiffs 56F Motion.
7. Failed to consider evidence of Defendants’ serious conflicts of interest. Q
8. Failed to consider evidence of Defendants’ violation of ERISA regulations.
9. Abused its discretion by considering material misrepresentations of fact F
made by Defendants.
10. Improperly considered Defendants’ evidence which was outside of the
administrative record while limiting Plaintiff to only that evidence that was in the
administrative record;
ll. Erred in not basing its decision on a review of the entire administrative
record;
12. Failed to rule on Plaintiffs Motion to Strike in support of her Opposition to
Defendants’ Motion for Summary Judgment;
13. Made manifest errors of law and fact in its Orders for Motion for Partial .
Summary Judgment and Motion for Summary Judgment. I
Case 2:04-cv-00525-RCB Document 112-3 Filed O2/O8/2006 Page 2 of 2

Case 2:04-cv-00525-RCB

Document 112-3

Filed 02/08/2006

Page 1 of 2

Case 2:04-cv-00525-RCB

Document 112-3

Filed 02/08/2006

Page 2 of 2