CGI TECHNOLOGIES AND SOLUTIONS INC. v. ROSE

Nos. 11-35127, 11-35128.

683 F.3d 1113 (2012)

CGI TECHNOLOGIES AND SOLUTIONS INC., in its capacity as sponsor and fiduciary for CGI Technologies and Solutions, Inc. Welfare Benefit Plan, Plaintiff-Appellee, v. Rhonda ROSE; Nelson Langer Engle PLLC, Defendants-Appellants. CGI Technologies and Solutions Inc., in its capacity as sponsor and fiduciary for CGI Technologies and Solutions, Inc. Welfare Benefit Plan, Plaintiff-Appellant, v. Rhonda Rose; Nelson Langer Engle PLLC, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2012.


Attorney(s) appearing for the Case

Matthew W.H. Wessler (argued), Public Justice, P.C., Washington, D.C., Leslie A. Brueckner , Public Justice, P.C., Oakland, CA, Michael Nelson , Nelson Langer Engle PLLC, Paul L. Stritmatter , Stritmatter Kessler Whelan Coluccio, Hoquiam, WA, for the defendants-appellants/cross-appellees.

Noah G. Lipschultz (argued), Littler Mendelson, P.C., Minneapolis, MN, Leigh Ann Tift , Joanna M. Silverstein , Littler Mendelson, P.C., Seattle, WA, for the plaintiff-appellee/cross-appellant.

Opinion by Judge GOULD; Concurrence by Judge SCHROEDER; Dissent by Chief District Judge BEISTLINE.


OPINION

GOULD, Circuit Judge:

Rhonda Rose ("Rose") appeals the district court's grant of partial summary judgment in favor of CGI Technologies and Solutions, Inc. ("CGI") in its action seeking "appropriate equitable relief" under § 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. CGI appeals the district court's grant of partial summary judgment in favor of Rose's counsel and co-defendant...

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