Free Appeal Document - District Court of Arizona - Arizona


File Size: 55.7 kB
Pages: 2
Date: December 31, 1969
File Format: PDF
State: Arizona
Category: District Court of Arizona
Author: unknown
Word Count: 273 Words, 1,803 Characters
Page Size: 622.08 x 790.92 pts
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https://www.findforms.com/pdf_files/azd/43431/112-2.pdf

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

Brief Description of Nature of Action and Result
Claim for Long Term Disability benefits under ERISA. Following a _
Motion for Partial Summary Judgment, the Court, without trial on numerous
triable material factual issues, considered Defendants’ extrinsic evidence which .
was outside of the administrative record while conversely limiting Plaintiff to only
that evidence contained within the administrative record, and (1) denied Plaintiff’ s
56F Motion for limited discovery, and (2) ruled the contract produced by _
Defendants after the commencement of litigation was the operative contract in E
which Claimant was to have perfected her claim, and, pursuant to a discretionary i
provision in this contract, ruled the standard of review for this case would be
abuse of discretion. Plaintiff filed two Motions for Reconsideration andthe Court
still held that the contract produced by Defendants after the commencement of
litigation was the operative contract. Following a Motion for Summary Judgment
the Court, without a trial on numerous triable material factual issues, again
considered Defendants’ extrinsic evidence which was outside ofthe administrative
record while conversely limiting Plaintiff to only that evidence contained within
the administrative record, and using a strict abuse of discretion standard, found for
the Defendants and upheld Defendants’ decision to deny Plaintiffs claim for Long
Term Disability benefits.
This appeal follows.
Case 2:04-cv-00525-RCB Document 112-2 Filed O2/O8/2006 Page 2 of 2

Case 2:04-cv-00525-RCB

Document 112-2

Filed 02/08/2006

Page 1 of 2

Case 2:04-cv-00525-RCB

Document 112-2

Filed 02/08/2006

Page 2 of 2