Ronald K. Rose v. Union Central Life Insurance Co. Commercial and Industrial Adm. Co.

19 F.3d 1441 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ronald K. ROSE, Plaintiff-Appellant, v. UNION CENTRAL LIFE INSURANCE CO.; Commercial and Industrial Adm. Co. et al., Defendants-Appellees. No. 92-16657. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1994. Decided March 16, 1994. Before: HUG, FARRIS, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Ronald Rose appeals the district court's dismissal of his ERISA claims of breach of contract, breach of fiduciary duty, and fraud and concealment. We affirm. 3 * Rose's breach of contract and breach of fiduciary duty claims are barred by the statutes of limitations. 4 The statute of limitations for a breach of fiduciary duty under the Employee Retirement Income Security Act is "three years after the earliest date ... on which the plaintiff had actual knowledge of the breach or violation...." 29 U.S.C. Sec. 1113 (a)(2). For a breach of contract claim under ERISA, we look to the state…