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ACOSTA v. PACIFIC ENTERPRISES

No. 89-56170.

950 F.2d 611 (1991)

Gerardo ACOSTA, Plaintiff-Appellant, v. PACIFIC ENTERPRISES, First Interstate Bank, Ltd., Southern California Gas Company, Thrifty Corporation, J. Foster Hames, Retirement Savings Plans of Pacific Enterprises and Southern California Gas Company, Pacific Enterprises Tax Credit Employee Stock Ownership Plan, Pacific Enterprises TRASOP, Pacific Enterprises PAYSOP, Thrifty Corporation Profit Sharing Plan and Trust, Thrifty Corporation Retirement Savings Plan, Jim Taylor, Charles E. Carlson, Stanley A. Ratzlaff, Charles F. Weiss, Ralph Todaro, individually and as members of Pacific Enterprises' Benefits Committee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1991.

As Amended on Grant of Rehearing January 23, 1992.

Attorney(s) appearing for the Case

Richard G. McCracken, Andrew J. Kahn, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiff-appellant.

John J. Swenson, Daniel M. Kolkey, Mark Erich Weber, Gibson, Dunn & Crutcher, Los Angeles, Cal., for defendants-appellees, Pacific Enterprises and J. Foster Hames.

Belinda K. Orem, John E. Porter, Paul, Hastings, Janofsky & Walker, Los Angeles, Cal., for defendants-appellees First Interstate Bank of California, Southern California Gas Co., Retirement Sav. Plan and Pacific Enterprises Tax Credit Employee Stock Ownership Plan.

Before D.W. NELSON and REINHARDT, Circuit Judges, and PRICE, Senior District Judge.

REINHARDT, Circuit Judge:

In this case, we consider the nature and scope of a plan trustee's duty to provide information to an individual participant regarding other participants' shareholdings under an employee benefit plan in the parent corporation. The specific question we must decide is whether a trustee of various employee benefit plans administered on behalf of a single parent company has a fiduciary duty under section 404(a) of ERISA to provide a list of the...

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