John David Hagadorn v. California Field Ironworkers Trust Funds

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOHN DAVID HAGADORN,
Plaintiff - Appellant,
v.
CALIFORNIA FIELD IRONWORKERS
TRUST FUNDS,
Defendant - Appellee.
No. 12-55682
D.C. No. 2:11-cv-04590-SVW-
MAN
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted December 5, 2013 **
Pasadena, California
Before: CANBY, WATFORD, and HURWITZ, Circuit Judges.
John Hagadorn appeals a summary judgment in favor of the California Field
Ironworkers Trust Funds (Funds). We have jurisdiction under 28 U.S.C. § 1291 and
affirm.
FILED
DEC 11 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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1. Hagadorn failed to exhaust the available administrative remedies under a
pension trust fund governed by the Employee Retirement Income Security Act
(ERISA), 29 U.S.C. §§ 1001–1461, and did not demonstrate that doing so would have
been futile. Hagadorn’s allegation that an employee of the Funds forged his disability
certificate is not supported by evidence in the record. And, the numerous
communications between Hagadorn and the Funds concerning benefits contradict his
claim that it would have been futile for him to file an administrative appeal.
2. Because there was no evidence supporting Hagadorn’s fraud claim, the
district court did not err in concluding that equitable tolling did not preserve
Hagadorn’s untimely claims for benefits. Nor did Hagadorn’s asserted forgetfulness,
confusion, and anxiety toll the statute of limitations.
3. Hagadorn’s argument that the district court abused its discretion in denying
his Rule 60(b) motion is also without merit. The district court did not abuse its
discretion in concluding that information about Hagadorn’s asserted mental conditions
was not newly discovered.
AFFIRMED
2

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