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DAY v. AT & T DISABILITY INCOME PLAN

No. 10-16479.

698 F.3d 1091 (2012)

David DAY, Plaintiff-Appellant, v. AT & T DISABILITY INCOME PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2012.

Amended November 1, 2012.

Attorney(s) appearing for the Case

Robert Nichols, San Jose, CA, for the appellant.

Stephen H. Harris (argued), Caroline L. Elkin and Melinda A. Gordon, Paul, Hastings, Janofsky and Walker LLP, Los Angeles, CA, for the appellee.

Before: RAYMOND C. FISHER and JOHNNIE B. RAWLINSON, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

ORDER

The opinion filed July 3, 2012, and reported at 685 F.3d 848, is amended as follows:

At slip opinion page 7859 n. 6, 685 F.3d at 857 n. 6, replace the sentence <To the extent Day requests fees for time spent pursuing summary judgment, he is not a prevailing party and is not therefore entitled to fees.> with <To the extent Day requests fees for time spent pursuing summary judgment, he is not entitled to fees...

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