DAVIS v. OLD DOMINION FREIGHT LINE, INC.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA HARVEY L. DAVIS, on behalf of ) The Old Dominion 401(k) Retirement ) Plan, individually, and on behalf ) Of all others similar situated, ) ) Plaintiff, ) ) 1:22CV990 v. ) ) OLD DOMINION FREIGHT LINE, INC., ) ) Defendant. ) MEMORANDUM OPINION AND ORDER THOMAS D. SCHROEDER, District Judge. This dispute arises from alleged violations of the Employee Retirement Income Security Act,

29 U.S.C. §§ 1001

et seq. (“ERISA”). Before the court is a motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and…