Banks v. Jockey International Inc.

MEMORANDUM OPINION

SENTER, Chief Judge.

This cause, an ERISA proposed class action alleging four claims, is before the court upon motions to dismiss and for summary judgment by the Jockey defendants. For the following reasons, the court finds that two of the claims should be dismissed and that the entire cause of action should be stayed pending exhaustion of the plaintiffs’ administrative remedies.

FACTS

The plaintiffs filed this suit alleging representation of former and present plan participants as follows: Plaintiff Martha Shields represents participants employed by Jockey when the plant was…