Opinion
No. 10-17071 D.C. No. 3:08-cv-00158-LRH-VPC
12-07-2011
JAMIE CLARK, on behalf of herself and all others similarly situated, Plaintiff - Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant - Appellee.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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.
The Honorable Robert W. Gettleman, Senior United States District Judge for the Northern District of Illinois.
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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.