§ 1132(a)(3). Count VII seeks an order enjoining John Hancock from paying Plan benefits secondary to Medicare. Count VIII of Santana’s complaint requests attorney’s fees pursuant to section 1132(g)(1). ERISA contemplates actions against an employee benefit plan and the plan’s fiduciaries. With narrow exception, however, ERISA does not authorize actions against nonfiduciaries of an ERISA plan. See Klosterman v. Western Gen. Management, Inc., 32 F.3d 1119, 1122 (7th Cir.1994) (opining that claim for breach of duty under ERISA only valid against fiduciary); Reich v. Rowe, 20 F.3d 25, 29-31 (1st Cir.1994) (allowing that nonfiduciaries may only be sued for engaging in “act or practice” proscribed by section 1106(a)(1)); Kyle Rys. v. Pacific Admin. Servs., 990 F.2d 513, 516 (9th Cir.1993) (<HOLDING>); Baker v. Big Star Div. of the Grand Union
holding that a fiduciary who receives consideration in connection with a transaction involving plan assets violated section 406b and a nonfiduciary who facilitated that transaction could be liable holding that equitable relief is not available to an individual under this section of the fdcpa holding that relief for nonfiduciary liability only available where nonfiduciary is engaged in prohibited transaction under section 1106a1 holding that equitable relief under rico is available only to the government holding that erisa does not contain a provision which permits a nonfiduciary to be held liable for breaches of fiduciary duties by others