Cannon v. Gardner-Martin Asphalt Corp. Retirement Trust-Profit Sharing Plan

ORDER

GEORGE C. CARR, District Judge.

Defendant Shore & Reich, P.C. has filed a motion to dismiss for lack of personal jurisdiction in this action arising under Section 502 of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132, in which plaintiff seeks, in part, to recover benefits under certain profit-sharing and pension plans. Upon consideration, the motion is DENIED.

At the outset, the Court observes that where a defendant challenges the exercise of a court’s personal jurisdiction over it, plaintiff bears the burden of proving that personal jurisdiction exists. GRM…