GLAZING HEALTH AND WELFARE FUND, Trustees; Southern Nevada Glaziers and Fabricators Pension Trust Fund; Painters, Glaziers and Floorcoverers Joint Apprenticeship and Journeyman Training Trust; Painters, Glaziers and Floorcoverers Safety Training Trust Fund; IUPAT Political Action Committee; Southern Nevada Painters and Decorators and Glaziers Labor-Management Cooperation Committee Trust; IUPAT Industry Pension Trust Fund; Southern California, Arizona, Colorado and Southern Nevada Glaziers, Architectural Metal and Glass Workers Pension Trust Fund, Plaintiffs-Appellants,
v.
Michael A. LAMEK; Kelly D. Marshall, Defendants-Appellees, and
Accuracy Glass & Mirror Company, Inc., Defendant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 17, 2017 San Francisco, California.
Mark S. Dzarnoski (argued), Gentile Cristalli Miller Armeni Savarese, Las Vegas, Nevada, for Defendants-Appellees.
Laurie A. Traktman and Benjamin M. O'Donnell , Gilbert & Sackman, Los Angeles, California, for Amici Curiae Boards of Trustees of the Sheet Metal Workers' Pension and Health Plans of Southern California, Arizona, and Nevada.
J. Paul Moorhead , Laquer Urban Clifford & Hodge LLP, Pasadena, California; Nathan R. Ring , The Urban Law Firm, Las Vegas, Nevada; for Amici Curiae Trustees of the Employee Painters' Trust Health & Welfare Fund, Southern California Pipe Trades Trust Funds, Bricklayers Local 13 Trust Funds, and International Trowel Trades Trust Funds.
Concepción E. Lozano-Batista , Kristina M. Zinnen , Kristina L. Hillman , and Barry E. Hinkle , Weinberg Roger & Rosenfeld, Alameda, California, for Amici Curiae Laborers Pension Trust for Northern California, Laborers Health and Welfare Trust for Northern California, Oregon Laborers-Employers Pension Plan, Oregon Laborers-Employers Health And Welfare Plan, Construction Industry and Laborers Joint Pension Trust for Southern Nevada, and Construction Industry and Laborers Joint Health and Welfare Trust for Southern Nevada.
Dissent by Judge Gleason.
ORDER
The opinion filed on March 21, 2018, and appearing at 885 F.3d 1197, is hereby amended as follows: Footnote 7, which appears at page 1200 and which reads <The dissent argues that Bos I's holding ... over the plan asset to make him a fiduciary).>, is deleted.
With the foregoing amendment, Judge Friedland voted to deny the petition for rehearing en banc and Judge Clifton so recommended. Judge Gleason recommended...
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