Glenn Tibble v. Edison International

FILED

FOR PUBLICATION

AUG 05 2016

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

GLENN TIBBLE; WILLIAM BAUER; Nos. 10-56406, 10-56415

WILLIAM IZRAL; HENRY

RUNOWIECKI; FREDERICK D.C. No. SUHADOLC; HUGH TINMAN, Jr., as 2:07-cv-05359-SVW-AGR representatives of a class of similarly Central District of California, situated persons, and on behalf of the Los Angeles Plan,

Plaintiffs - Appellants, ORDER

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. 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…