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SAFFON v. WELLS FARGO & CO. LONG TERM DISABILITY

No. 05-56824.

522 F.3d 863 (2008)

Graciela SAFFON, Plaintiff-Appellant, v. WELLS FARGO & COMPANY LONG TERM DISABILITY PLAN, an ERISA plan, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 9, 2008.

Amended April 16, 2008.

Attorney(s) appearing for the Case

Cassie Springer-Sullivan and Charles J. Fleishman, Beverly Hills, CA, for the plaintiff-appellant.

Yuliya I. LaRoe and Eric R. McDonough, Seyfarth Shaw LLP, Los Angeles, CA, for the defendant-appellee.

Before ALEX KOZINSKI, Chief Judge, JOHNNIE B. RAWLINSON, Circuit Judge and MIRIAM GOLDMAN CEDARBAUM, Senior District Judge.

ORDER

The opinion filed January 9, 2008, appearing at 511 F.3d 1206 (9th Cir.2008), is ordered amended as follows:

Page 1215, Column 2,

Line 38 After < disabled under the terms of the Plan. > insert a footnote stating: <In its petition for rehearing, Wells Fargo claims that our precedents forbid the district court from hearing additional evidence. E.g., McKenzie v. General Telephone Co. of Cal.,

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