Perl v. Laux/Arnold, Inc.

MEMORANDUM OPINION AND ORDER

JON E. DEGUILIO, District Judge.

Now before the Court are dispositive motions by both sides: Defendants seek dismissal of the complaint [DE 14] and the first amended complaint [DE 33], while Plaintiffs ask that the case be remanded back to the Allen Superior Court [DE 19]. As of October 24, 2011, both motions are fully briefed and ripe for adjudication [DE 15, 20, 30, 32, 35, 36, 37]. For the reasons detailed below, the Court holds that none of the claims in the original or first amended complaints fall “within the scope of Section 502(a)” of the Employee Retirement…