Sluimer v. Verity, Inc. ( 2010 )

FILED
NOT FOR PUBLICATION MAY 20 2010
MO LLY C. DW YER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T O F APPEALS
FOR THE NINTH CIRCUIT
HUGO SLUIMER, No. 09-15128
Plaintiff - Appellee, D.C. No. 3:08-cv-01220-SI
v.
MEMORANDUM *
VERITY, INC., a corporation; THE
VERITY INC. CHANGE IN CONTROL
AND SEVERANCE BENEFIT PLAN,
Defendants - Appellants.
Appeal from the United States District Court
for the Northern District of California
Susan Illston, District Judge, Presiding
Argued and Submitted May 12, 2010
San Francisco, California
Before: HUG, RYMER and McKEOWN, Circuit Judges.
We have affirmed the district court’s grant of summary judgment to Hugo
Sluimer in a separate published order. Sluimer v. Verity, No. 09-15128, slip. op.
(9th Cir. May 13, 2010). Verity raises the additional argument on appeal that the
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
district court “exceeded its powers by re-writing” Verity’s release “to
accommodate Sluimer’s lawsuits.” We disagree. The district court simply
required Verity to make its standard release consistent with the district court’s
award of attorney’s fees, 29 U.S.C. § 1132(g)(1), and its proper interpretation of
the Plan and Sluimer’s individually negotiated Participation Notice.
AFFIRMED.