James A. Lake v. Sacramento Savings Bank, a California Corporation, and Does 1-20

99 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James A. LAKE, Plaintiff-Appellant, v. SACRAMENTO SAVINGS BANK, a California corporation, and DOES 1-20, Defendant-Appellee. No. 95-15686. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 10, 1996. Decided Sept. 30, 1996. Before: WOOD, * CANBY, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James A. Lake, a former vice-president of Sacramento Savings Bank ("the Bank"), filed this action against the Bank under the Employee Retirement Income Security Act, ERISA, 29 U.S.C. § 1132 , alleging that the Bank terminated his employment in retaliation for his past use of sick leave and to deprive him of future ERISA benefits. 29 U.S.C. §§ 1132 , 1140. Lake appeals the district court's judgment as a matter of law in favor of the Bank pursuant to Fed.R.Civ.P. 52(c). He also appeals the court's denial of his motion for a new trial. We have jurisdiction under 28 U.S.C. § 1291 . We…