Glenn Tibble v. Edison International ( 2016 )

FILED FOR PUBLICATION AUG 05 2016 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT GLENN TIBBLE; WILLIAM BAUER; Nos. 10-56406, 10-56415 WILLIAM IZRAL; HENRY RUNOWIECKI; FREDERICK D.C. No. SUHADOLC; HUGH TINMAN, Jr., as 2:07-cv-05359-SVW-AGR representatives of a class of similarly Central District of California, situated persons, and on behalf of the Los Angeles Plan, Plaintiffs - Appellants, ORDER v. EDISON INTERNATIONAL; THE EDISON INTERNATIONAL BENEFITS COMMITTEE, FKA The Southern California Edison Benefits Committee; EDISON INTERNATIONAL TRUST INVESTMENT COMMITTEE; SECRETARY OF THE EDISON INTERNATIONAL BENEFITS COMMITTEE; SOUTHERN CALIFORNIA EDISON’S VICE PRESIDENT OF HUMAN RESOURCES; MANAGER OF SOUTHERN CALIFORNIA EDISON’S HR SERVICE CENTER, Defendants - Appellees. THOMAS, Chief Judge: 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. 2