Killian v. McCulloch

MEMORANDUM AND ORDER

JOYNER, District Judge.

This matter involves a motion to dismiss filed by Defendants. On June 9, 1993, Plaintiffs filed a class action complaint against Defendants, Donald McCulloch, Reef Ivey, Abert DiAarco, and John Sylvester alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. § 1001 et seq. (1991). Specifically, they alleged that Defendants’ failure to pay certain amounts due to Plaintiffs under the Nutri/System, Inc., Partnership Profit Sharing Plan (the Plan) constituted a violation of their fiduciary duties under…