Healy v. Axelrod Construction Co. Defined Benefit Pension Plan & Trust

ORDER

NORGLE, District Judge.

Before the court is the defendants’ motion to dismiss. For the reasons set forth below, the motion is denied.

FACTS

Plaintiff William P. Healy (“Healy”) brought this action under Section 502 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132, seeking declaratory and other equitable relief. In a four count complaint, Healy claims he is entitled to benefits in excess of $150,000 from a pension plan (“the Plan”) set up by defendant Axelrod Construction Company (“Axelrod Construction”), and alleges breach of fiduciary duties, interference with…