Neil Sorger v. Novartis Corp. Db&d Plan

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 25 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

NEIL SORGER, No. 20-15224

Plaintiff-Appellant, D.C. No. 3:19-cv-00105-JSC

v.

MEMORANDUM*

NOVARTIS CORPORATION DEATH

BENEFIT & DISABILITY PLAN,

METROPOLITAN LIFE INSURANCE

COMPANY,

Defendants-Appellees.

Appeal from the United States District Court For the Northern District of California Jacqueline Scott Corley, Magistrate Judge, Presiding

Argued and Submitted May 14, 2021 San Francisco, California

Before: NGUYEN and COLLINS, Circuit Judges, and BURGESS,* Chief District Judge.

Neil Sorger appeals from the district court’s order concluding that Novartis

Corporation Death Benefit and Disability Plan (the “Plan”) and Metropolitan Life

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.  The Honorable Timothy M. Burgess, Chief United States District Judge for the District of Alaska, sitting by designation. Insurance Company (“MetLife,” and together, “Appellees”) did…