Gordon

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

ROBERT GORDON,

Case No. 5:10-cv-05399-EJD Plaintiff, ORDER DENYING PLAINTIFF’S v. MOTION FOR JUDGMENT UNDER FRCP 52; GRANTING DEFENDANT’S

METROPOLITAN LIFE INSURANCE CROSS-MOTION FOR JUDGMENT

COMPANY, UNDER FRCP 52 Defendant. Re: Dkt. No.

15 I. INTRODUCTION In this action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq. (“ERISA”), Plaintiff Robert Gordon (“Plaintiff”) seeks long term disability benefits from Defendant Metropolitan Life Insurance Company (“Defendant”). Plaintiff contends that the medical records show that he was forced to leave his employment with Borland Software “Borland” due to severe depression, anxiety, and symptoms of post-traumatic stress disorder caused by harassment and threats from…