SCHWARTZ v. METROPOLITAN LIFE INS. CO.

No. CIV-01-2075 PHXMHM.

463 F.Supp.2d 971 (2006)

Mark J. SCHWARTZ, Plaintiff, v. METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation; American Express Long Term Disability (LTD) Benefit Plan, Defendants.

United States District Court, D. Arizona.

September 29, 2006.


Attorney(s) appearing for the Case

Richard M. Waugh, Richard M. Waugh Ltd., Phoenix, AZ, for Plaintiff.

Krista Lee Fletcher, Timothy R. Hyland, Kunz Plitt Hyland Demlong & Kleifield, Stephanie Lee Chilton, Bowman & Brooke, Phoenix, AZ, for Defendants.


ORDER

MURGUIA., District Judge.

Plaintiff has asserted a claim for disability benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001, et seq. Defendants are Metropolitan Life Insurance Company ("MetLife") and American Express Long Term Disability Benefit Plan. This case is before the Court following remand from the Court of Appeals for the Ninth Circuit. The Ninth Circuit reversed...

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