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BASSIRI v. XEROX CORP.

No. 04-55472.

463 F.3d 927 (2006)

Ali BASSIRI, Plaintiff-Appellant, v. XEROX CORPORATION; Xerox Corporation Long-Term Disability Income Plan; Lawrence Becker, Defendants-Appellees, and Patricia Nazemetz; Prudential Company of America; Health International; Does 1-100 Inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2006.

Attorney(s) appearing for the Case

Kathleen A. Brewer, Westlake Village, CA, for the plaintiff-appellant.

Richard J. Pautler, Thompson Colburn, LLP, St. Louis, MO, for the defendants-appellees.

Before PREGERSON, NOONAN, and THOMAS, Circuit Judges.

PREGERSON, Circuit Judge.

The district court determined that the provisions of the Employee Retirement Income Security Act ("ERISA") apply to Xerox's Long-Term Disability Plan ("LTD Plan") because the plan pays only 60% of Appellant Ali Bassiri's usual salary. Bassiri challenges that determination. The district court certified this issue for interlocutory appeal, and we thus have jurisdiction under 28 U.S.C. § 1292(b). We reverse and remand for further proceedings...

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