Mahan v. UNUM Life Insurance Company of America

Filing 150

Order by Hon. Vince Chhabria denying 143 Motion for Reconsideration.(knm, COURT STAFF) (Filed on 8/25/2015)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 NANCY MAHAN, Case No. 13-cv-04803-VC Plaintiff, 7 v. ORDER DENYING MOTION FOR RECONSIDERATION 8 9 10 UNUM LIFE INSURANCE COMPANY OF AMERICA, Re: Dkt. No. 143 Defendant. United States District Court Northern District of California 11 12 Mahan has moved for reconsideration of this court's June 24, 2015 order granting summary 13 judgment for the defendants. Mahan doesn't raise any arguments she couldn't have raised before. 14 And in any event, the primary premise of her motion for reconsideration, namely, that Ninth 15 Circuit law barred application of a contractual limitations provision like the one in this case, is 16 incorrect. In Heimeshoff v. Hartford Life & Acc. Ins. Co., 134 S.Ct. 604, 610 (2013), the Supreme 17 Court implied that Price v. Provident Life & Acc. Ins. Co, 2 F.3d 986 (1993) was the law of the 18 Ninth Circuit until 2013, but that is not correct. See, e.g., Wetzel v. Lou Ehlers Cadillac Grp. 19 Long Term Dis. Ins., 222 F.3d 643, 650 (9th Cir. 2000); Wetzel, 222 F.3d at 651 (Fletcher, W., 20 concurring); Scharff v. Raytheon Co. Short Term Dis. Plan, 581 F.3d 899, 907 (9th Cir. 2009); 21 22 23 24 25 26 27 28 Sousa ex rel. Will of Sousa v. Unilab Corp. Class II Members Grp. Benefit Plan (Non-Exempt), 252 F.Supp.2d 1046, 1054-55 (E.D. Cal. 2002); Lee v. Metro. Life Ins. Co., 2015 WL 577078, at *2 (N.D. Cal. Feb. 11, 2015). The motion is denied. The hearing scheduled for September 24, 2015 is vacated. IT IS SO ORDERED. Dated: August 24, 2015 ______________________________________ VINCE CHHABRIA United States District Judge

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