Gordon

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION

Re: Dkt. No.

In this action under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132 , Plaintiff Robert Gordon (“Plaintiff”) seeks long term disability (“LTD”) payments from Defendant Metropolitan Life Insurance Company (“Defendant”) after Defendant denied his claim for that relief through his former employer’s benefits plan. Presently before the court is Plaintiffs Motion for Summary Adjudication focused solely on the standard of review that should be applied to Defendant’s benefits determination. See Docket Item No. 53. Defendant has filed written opposition to the motion. See Docket Item No. 54.

This matter was found suitable for decision without oral argument pursuant to Civil Local Rule 7-l(b). Having carefully considered the parties’ arguments and evidence, the court has determined that Plaintiffs request for de novo review is unpersuasive. Thus, this motion will be denied, but with particular instructions regarding the appropriate level of scrutiny that will be applied to the decision on Plaintiffs claim.

I. FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff alleges he began employment…