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10-56406 - Glenn Tibble, et al v. Edison International, et al


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10-56406 - Glenn Tibble, et al v. Edison International, et al
March 21, 2013
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FILED OPINION (ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and JACK ZOUHARY) AFFIRMED. The parties shall bear their own costs on appeal. Judge: ATG , Judge: DFO Authoring, Judge: JZ . FILED AND ENTERED JUDGMENT. [8559257] [10-56406, 10-56415]
August 1, 2013
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Filed order and amended opinion (ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and JACK ZOUHARY). I The opinion filed March 21, 2013, and published at 711 F.3d 1061, is amended as follows: (See order for full text) An amended opinion is filed concurrently with this order. With these amendments, the panel has voted unanimously to deny the petition for rehearing. Judge O’Scannlain has voted to deny the petition for rehearing en banc, and Judges Goodwin and Zouhary have so recommended. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petition for rehearing and petition for rehearing en banc is DENIED. No further petitions for panel rehearing or for rehearing en banc will be entertained. Amending Disposition Opinion AFFIRMED. [8726034] [10-56406, 10-56415]
April 13, 2016
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FILED OPINION (ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN and JACK ZOUHARY) AFFIRMED. Judge: DFO Authoring, FILED AND ENTERED JUDGMENT. [9937342] [10-56406, 10-56415]
August 5, 2016
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Filed Order for PUBLICATION (SIDNEY R. THOMAS) 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 or to any court of the Ninth Circuit. Judges Bybee, Ikuta and Owens did not participate in the deliberations or vote in this case. [10076888] [10-56406, 10-56415]
December 16, 2016
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FILED OPINION (SIDNEY R. THOMAS, STEPHEN REINHARDT, BARRY G. SILVERMAN, M. MARGARET MCKEOWN, RICHARD A. PAEZ, RICHARD R. CLIFTON, CARLOS T. BEA, MILAN D. SMITH, JR., JACQUELINE H. NGUYEN, PAUL J. WATFORD and MICHELLE T. FRIEDLAND) We VACATE the district court’s decisions concerning the funds added to the Plan before 2001, and REMAND on an open record for trial on the claim that, regardless of whether there was a significant change in circumstances, Edison should have switched from retail-class fund shares to institutional-class fund shares to fulfill its continuing duty to monitor the appropriateness of the trust investments. The district court is also directed to reevaluate its fee determination in light of the Supreme Court’s decision and this court’s en banc decision.Judge: MDS Authoring. FILED AND ENTERED JUDGMENT. [10236184] [10-56406, 10-56415]