Shaikh

1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 ANIS SHAIKH, Case No. 18-cv-04394-MMC

8 Plaintiff, ORDER GRANTING PLAINTIFF'S

MOTION FOR JUDGMENT; DENYING

9 v. DEFENDANT'S CROSS-MOTION FOR

JUDGMENT; FINDINGS OF FACT AND

10 AETNA LIFE INSURANCE COMPANY, CONCLUSIONS OF LAW 11 Defendant. Re: Doc. Nos. 37, 38

12 13 Before the Court are (1) plaintiff Anis Shaikh’s (“Shaikh”) “Motion for Judgment,” 14 filed August 16, 2019, and (2) defendant Aetna Life Insurance Company’s (“Aetna”) 15 “Cross-Motion Under FRCP 52,” filed September 6, 2019. The motions have been fully 16 briefed. Having read and considered the parties’ respective arguments as well as the 17 applicable administrative record, the Court rules as follows.1 18 BACKGROUND2 19 Shaikh was formerly employed as a Senior Manufacturing Test Development 20 Engineer with Zonare Medical Systems, Inc. (“Zonare”), a company that develops and 21 manufactures medical ultrasound…