Johnson v. Fujitsu Technology & Business of America, Inc.

*463ORDER DENYING MOTIONS TO DISMISS

Re: Dkt. Nos. 71, 72

NATHANAEL M. COUSINS, United States Magistrate Judge

In this ERISA retirement plan case, former Fujitsu employees accuse Fujitsu and a plan administrator, Shepherd Kap-lan, of breaching their fiduciary duties by making imprudent investments. Defendants each move to dismiss the claims in the case, arguing that they acted prudently given their knowledge at the time, and that plaintiffs can only seek recovery for three years worth of claims.

The Court finds that defendants’ arguments challenge the facts of plaintiffs’ complaint, thus they are…