McLeod

This case is before us on remand from the Supreme Court, following the Court’s grant of certiorari and vacation of the prior judgment in this ease. McLeod v. Oregon Lithoprint Inc., 46 F.3d 956 (9th Cir.1995), cert. granted "and judgment vacated, — U.S. -, 116 S.Ct. 1346 , 134 L.Ed.2d 516 (1996). The Court remanded for further consideration in light of Varity Corp. v. Howe, 516 .U.S. -, 116 S.Ct. 1065 , 134 L.Ed.2d 130 (1996). The issue now before us is whether the relief which McLeod requests is available under the Employee Retirement Income Security Act (“ERISA”) § 502(a)(3), codified at 29 U.S.C. § 1132 (a)(3). For the reasons which follow, we again affirm the district court’s entry of summary judgment in favor of the defendant.

The facts in this case are set forth in McLeod, 46 F.3d at 957 . In brief summary, Pamela J. McLeod (“McLeod”) filed the instant action against her employer, arguing that her employer’s ERISA plan administrator breached a fiduciary duty to her under 29 U.S.C. § 1104 (a) by failing to notify McLeod that she had become eligible to apply for coverage under a cancer insurance policy. McLeod seeks a judgment for the amount of benefits that would have been…