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SIMONIA v. GLENDALE NISSAN/INFINITI DISABILITY PLAN

No. 09-56025.

608 F.3d 1118 (2010)

Aleck SIMONIA, Plaintiff-Appellant, v. GLENDALE NISSAN/INFINITI DISABILITY PLAN, an ERISA plan; The Hartford Insurance Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 24, 2010.

Attorney(s) appearing for the Case

Charles Fleishman, Esq., and Paul Fleishman, Esq., The Fleishman Law Firm, Northridge, CA, for plaintiff-appellant Aleck Simonia.

Daniel W. Maguire, Esq., Burke, Williams & Sorensen, Los Angeles, CA, for defendants-appellees Glendale Nissan/Infiniti Disability Plan and the Hartford Insurance Company.

Before DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and JOAN HUMPHREY LEFKOW, District Judge.

TALLMAN, Circuit Judge:

Plaintiff-Appellant Aleck Simonia appeals the district court's denial of his motion for attorney's fees under the Employee Retirement Income Security Act of 1974 ("ERISA"). See 29 U.S.C. § 1132(g). We affirmed the district court's grant of summary judgment in favor of his former employer's health care plan in Simonia v. Glendale Nissan/Infiniti Disability Plan, No. 09-55569, 2010 WL 1896455 (9th Cir. May 12, 2010). We stayed...

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