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Arendt v. Washington-Idaho-Montana Carpenters-Employers Retirement Trust Fund
669 F. App'x 919
| 9th Cir. | 2016
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*2 Before: W. FLETCHER, FISHER and N.R. SMITH, Circuit Judges.

Gerald Arendt and David Brown appeal the district court’s dismissal of their suit alleging violations of the Takings Clause and the Fifth Amendment’s guarantee of equal protection. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The defendants’ decision to cut the Rule of 80 early retirement benefit did not involve government action, so the district court properly dismissed the plaintiffs’ constitutional claims. See Blum v. Yaretsky , 457 U.S. 991, 1002-03 (1982). A private entity does not become a government actor simply because it is subject to extensive regulation. See Am. Mfrs. Mut. Ins. Co. v. Sullivan , 526 U.S. 40, 52 (1999). Although the Pension Protection Act of 2006 (“PPA”) required the defendants to implement a rehabilitation plan, nothing in the PPA compelled them to cut the Rule of 80 benefit; they retained discretion to decide how to implement the plan – subject to collective bargaining. See id. ; Blum , 457 U.S. at 1006-07; 29 U.S.C. § 1085(e)(3). Accordingly, no government action was present in “the specific conduct of which the plaintiff complains.” Blum , 457 U.S. at 1004; cf. George v. Edholm , 752 F.3d 1206, 1215-17 (9th Cir. 2014).

Because there was no government action, we do not reach the merits of the plaintiffs’ constitutional claims.

AFFIRMED.

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Case Details

Case Name: Arendt v. Washington-Idaho-Montana Carpenters-Employers Retirement Trust Fund
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Oct 26, 2016
Citation: 669 F. App'x 919
Docket Number: 14-35457
Court Abbreviation: 9th Cir.
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