Johnson v. Merrill Lynch, Pierce, Fenner & Smith, Inc.

TINDER, Circuit Judge.

Leroy Johnson, the administrator of the Shirley T. Sherrod MD PC Target Benefit Pension Plan and Trust (hereinafter “the Plan”), brings this suit against the Plan’s custodian, Merrill Lynch, Pierce, Fenner & Smith, Inc. (hereinafter “Merrill Lynch”). Despite the fact that he is the Plan’s administrator and sole fiduciary, Johnson alleges that Merrill Lynch has refused to abide by his instructions and “has exercised control over Plan assets by refusing to make distribution to Shirley T. Sherrod.” As a result, Johnson asks the federal court to “[o]rder Merrill Lynch to…