Cosgrove v. Circle K Corp.

ORDER

ROLL, District Judge.

Pending before the Court are class plaintiffs’ and defendant Circle K Corp.’s (“Circle K”) cross-motions for summary judgment on the issue of whether Circle K was a fiduciary, as defined in the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1002(21)(A), for the Fred Hervey Interests Employees’ Benefit Plan (“the Plan”) when it purchased certain real assets from the Plan. Also pending before the Court are cross-motions for summary judgment as to whether Karl Eller was a Plan fiduciary for ERISA purposes.

Relevant Facts

The facts relating to this ease are…