Kuestner v. Health and Welfare Fund

MEMORANDUM

DuBOIS, District Judge.

This matter is before the Court on the Motion of Defendants, Health and Welfare Fund of the Philadelphia Bakery Employers and Food Driver Salesmen’s Union Local No. 463 and Teamsters Local Union No. 676 (“Health and Welfare Fund”) and Gerald J. Morse, Jr., to Strike and to Dismiss or, in the Alternative, for Summary Judgment (“Motion to Dismiss”). In the Complaint plaintiffs assert federal claims under the Employee Retirement Income Security Act (“ERISA”) and under federal common law for fraud arising under ERISA, as well as state law claims for breach of…