Jamie Clark v. Metropolitan Life Insurance Co , 461 F. App'x 538 ( 2011 )

FILED
NOT FOR PUBLICATION DEC 07 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JAMIE CLARK, on behalf of herself No. 10-17071
and all others similarly situated,
D.C. No. 3:08-cv-00158-LRH-
Plaintiff - Appellant, VPC
v.
MEMORANDUM *
METROPOLITAN LIFE INSURANCE
COMPANY,
Defendant - Appellee.
Appeal from the United States District Court
for the District of Nevada
Larry R. Hicks, District Judge, Presiding
Argued and Submitted November 17, 2011
Stanford, California
Before: KOZINSKI, Chief Judge, FARRIS, Circuit Judge, and
GETTLEMAN, District Judge.**
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The Honorable Robert W. Gettleman, Senior United States District
Judge for the Northern District of Illinois.
The uncontested facts establish that plaintiff suffered no damages from
defendant’s management of the Total Control Account Money Market Option
(“TCA”). The district court thus properly granted summary judgment for
defendant on plaintiff’s breach of contract claim. See Brown v. Kinross Gold
U.S.A., Inc., 531 F. Supp. 2d 1234, 1240 (D. Nev. 2008) (quoting Saini v. Int’l
Game Tech., 434 F. Supp. 2d 913, 919–20 (D. Nev. 2006)). The undisputed facts
further show that plaintiff’s status as a TCA holder did not create the sort of
relationship necessary to establish a Nevada state-law claim for breach of duties
arising from a special or confidential relationship. The district court was therefore
correct to grant summary judgment on that claim as well. See Giles v. Gen.
Motors Acceptance Corp., 494 F.3d 865, 881–82 (9th Cir. 2007).
AFFIRMED.
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