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CROSBY v. LOUISIANA HEALTH SERVICE AND INDEM. CO.

No. 10-30043.

629 F.3d 457 (2010)

Jete CROSBY, Plaintiff-Appellant, v. LOUISIANA HEALTH SERVICE AND INDEMNITY COMPANY, doing business as Blue Cross and Blue Shield of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 29, 2010.

Attorney(s) appearing for the Case

Gary J. Gambel (argued), Michael David Letourneau , Murphy, Rogers, Sloss & Gambel, Jennifer N. Willis (argued), Willis & Buckley, A.P.C., New Orleans, LA, for Crosby.

Richard John Tyler (argued), Wade Barry Hammett , Jones Walker, L.L.P., New Orleans, LA, Charles Andrew O'Brien , Sr. Atty., Blue Cross & Blue Shield of LA, Baton Rouge, LA, for Defendant-Appellee.

Before DeMOSS, BENAVIDES and ELROD, Circuit Judges.

DeMOSS, Circuit Judge:

Appellant Jete Crosby appeals the district court's summary judgment on her Employee Retirement Income Security Act of 1974 (ERISA) claim to recover denied health care benefits and the magistrate judge's decision to limit discovery. The challenges raised by Crosby require us to determine the scope of admissible evidence and permissible discovery in an ERISA action to recover benefits under 29 U.S.C. § 1132(a)(1)(B). Because the court too...

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