HENSLEY v. NORTHWEST PERMANENTE P.C.

Nos. 99-35936, 99-35962.

258 F.3d 986 (2001)

Sandra HENSLEY; John Wiest, Jr.; Donna Hohnstein; Linda Onheiber, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. NORTHWEST PERMANENTE P.C. RETIREMENT PLAN & TRUST, a defined contribution pension plan; Northwest Permanente P.C., an Oregon corporation; Retirement Plans Committee of The Northwest Permanente P.C. Retirement Plan & Trust, an unincorporated association; Permanente Physicians Retirement Plan For Northwest Permanente P.C., a defined benefit plan; Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an unincorporated association, Defendants-Appellants. Sandra Hensley; John Wiest, Jr.; Donna Hohnstein; Linda Onheiber, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Northwest Permanente P.C. Retirement Plan & Trust, a defined contribution pension plan; Northwest Permanente P.C., an Oregon corporation; Retirement Plans Committee of The Northwest Permanente P.C. Retirement Plan & Trust, an unincorporated association; Permanente Physicians Retirement Plan for Northwest Permanente P.C., a defined benefit plan; Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an unincorporated association, Defendants-Appellees. Sandra Hensley; John Wiest, Jr.; Donna Hohnstein; Linda Onheiber, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, and Kate Burnham, Plaintiff, v. Northwest Permanente P.C. Retirement Plan & Trust, a defined contribution pension plan, Northwest Permanente P.C., an Oregon corporation; Retirement Plans Committee of The Northwest Permanente P.C. Retirement Plan & Trust, an unincorporated association; Permanente Physicians Retirement Plan for Northwest Permanente P.C., a defined benefit plan; Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an unincorporated association, Defendants-Appellants, and Bank of California NA, National Banking Association, trustee for Northwest Permanente PC Retirement Plan and Trust; Kathleen Holahan, M.D., Fiduciary for Northwest Permanente PC Retirement Plan & Trust; Jan Collins, MD, Fiduciary for Northwest Permanente PC Retirement Plan and Trust; Nicholas Demorgan, MD Fiduciary for Northwest Permanente PC Retirement Retirement Plan & Trust; Christopher P. Nelson, MD, Fiduciary for Northwest Permanente PC Retirement Plan and Trust; Fred M. Nomura, Fiduciary for Northwest Permanente PC Retirement Plan & Trust; Harry Stathos, MD, Fiduciary for Northwest Permanente PC Retirement Plan and Trust; Wiliam Ward, MD, Fiduciary for Northwest Permanente PC Retirement Plan and Trust; Ann Stenzel, Fiduciary for Northwest Permanente PC Retirement Plan and Trust, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2001.


Attorney(s) appearing for the Case

John V. Acosta, James N. Westwood and Scott E. Crawford, Stoel Rives LLP, Portland, Oregon, for the defendants-appellants-cross-appellees.

Karen O'Kasey, Schwabe, Williamson & Wyatt, Portland, Oregon, for the plaintiffs-appellees-cross-appellants.

Before: Alfred T. GOODWIN, Morton I. GREENBERG, and Johnnie B. RAWLINSON, Circuit Judges.


Argued and Submitted May 8, 2001 — Portland, Oregon.

Opinion by Judge GREENBERG; Concurrence by Judge RAWLINSON.

GREENBERG, Circuit Judge:

This matter comes on before this court on the appeal by Northwest Permanente P.C. ("NWP") and the related defendants from the district court's order for summary judgment reflecting its decision that NWP, as administrator for two pension plans, abused its discretion in interpreting the term "employee" in determining...

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