Jacobs v. Xerox Corp. Long Term Disability Income Plan

MEMORANDUM OPINION AND ORDER

MARK FILIP, District Judge.

David Jacobs (“Jacobs” or “Plaintiff’) brings this action against the Xerox Corporation Long Term Disability Income Plan (“Plan” or “Defendant”) under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq. (D.E. 10 (“Second Amended Complaint”).) 1 In an opinion dated January 19, 2005, the Court denied Plaintiffs summary judgment motion and granted Defendant’s summary judgment motion as to Counts I and III of the complaint. (D.E. 58.)

The sole remaining count is Count II, in which Plaintiff alleges that he…