Glenn TIBBLE; William Bauer; William Izral; Henry Runowiecki; Frederick Suhadolc; Hugh Tinman, Jr., as representatives of a class of similarly situated persons, and on behalf of the Plan, Plaintiffs-Appellants,
v.
EDISON INTERNATIONAL; The Edison International Benefits Committee, FKA The Southern California Edison Benefits Committee; Edison International Trust Investment Committee; Secretary of The Edison International Benefits Committee; Southern California Edison's Vice President of Human Resources; Manager of Southern California Edison's HR Service Center, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Jay E. Sushelsky, Esquire , Senior Attorney, AARP Foundation Litigation, Washington, DC, for Amicus Curiae AARP Foundation Litigation.
Thomas Leon Cubbage , III, Covington & Burling LLP, Washington, DC, for Amicus Curiae Investment Company Institute.
Nicole A. Diller , Attorney, Morgan Lewis & Bockius LLP, San Francisco, CA, for Amicus Curiae California Employment Law Council.
Stacey Eden Elias, Esquire , Trial Attorney, Elizabeth Hopkins , Counsel, USDOL-U.S. Department of Labor, Plan Benefits Security Division, Office of the Solicitor, Washington, DC, for Amicus Curiae Secretary of Labor.
ORDER
THOMAS, Chief Judge:
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judges Bybee, Ikuta...
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