Frank W. Orlando, Sr. v. Hotel Employees & Restaurant Employees International Union Welfare Fund American Benefit Plan Administrators

46 F.3d 1143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Frank W. ORLANDO, Sr., Plaintiff-Appellant, v. HOTEL EMPLOYEES & RESTAURANT EMPLOYEES INTERNATIONAL UNION WELFARE FUND; American Benefit Plan Administrators, Defendants-Appellees. No. 93-15715. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Jan. 11, 1995. 1 Before: PREGERSON and WIGGINS, Circuit Judges, and LEW, District Judge * 2 MEMORANDUM ** 3 Appellant, Frank W. Orlando, Sr., filed an action in Nevada state court alleging a number of actions sounding in tort and contract against the Hotel Employees and Restaurant Employees International Union Welfare Fund ("HEREIU"), and administrators of the fund. HEREIU removed the case to federal court on the basis that its obligations to make the disputed payments were governed by ERISA. The district court granted summary judgment for HEREIU and awarded $1,925 in costs and fees. 4 Orlando appeals the grant of summary judgment…