Rodrigues

*809 MEMORANDUM **

The district court correctly concluded that the Mutual Aid Fund (“MAF”) is not a governmental plan exempted from ERISA coverage because the MAF is not “a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing.” 29 U.S.C. §§ 1002 (32), 1003(b)(1); see also Silvera v. Mut. Life Ins. Co., 884 F.2d 423, 425 (9th Cir.1989). Rodrigues’s argument based on an extension of a National Labor Relations Act exemption, 29 U.S.C. § 152 (2), as stated in Rose v. Long Island Railroad Pension Plan, 828 F.2d 910, 915-16 (2d Cir.1987), fails because he has not provided evidence demonstrating that the MAF was “either (1) created directly by the state, so as to constitute departments or administrative arms of the government, or (2) administered by individuals who are responsible to public officials or to the general electorate.” See id. at 916 .

The district court also correctly held that Rodrigues acted as a fiduciary of the MAF with respect to the Best Rescue loans. In relevant part, a person’s actions will confer fiduciary…