In Re CMS Energy ERISA Litigation

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR JUDICIAL NOTICE AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS

STEEH, District Judge.

INTRODUCTION

Currently before the court in this consolidated ERISA litigation is a Fed. R.Civ.P. 12(b)(6) motion to dismiss brought by defendants CMS Energy Corporation (“CMS”), Consumers Energy Company (“Consumers”), CMS Marketing Services and Trading Company (“CMS MST”), Victor J. Fryling, Laura L. Mount-castle and Preston Hopper; a Fed.R.Civ.P. 12(b)(6) motion to dismiss brought by individual defendants…