Kathy BERBERET, Individually and as Personal Representative of the Estate of Steve Berberet, M.D., Plaintiff-Appellant, v. EMPLOYEE BENEFIT MANAGEMENT SERVICES, INC., a Montana Corporation (EBMS); et al., Defendants-Appellees. No. 08-35566.United States Court of Appeals, Ninth Circuit.Submitted August 7, 2009.[*] Filed August 20, 2009. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] […]