Brock v. Berman

MEMORANDUM

TAURO, District Judge.

This is an action brought by the Secretary of Labor under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., against the Profit Sharing Committee of the Unitrode Profit Sharing Plan (Plan) and the Board of Directors of Unitrode Corporation. The Secretary seeks injunctive relief and restitution because of defendants’ alleged breach of fiduciary duty. At immediate issue is defendants’ motion for summary judgment on the basis of the three year statute of limitations found in ERISA Section 413(a)(2), 29 U.S.C. § 1113(a)(2).

I

In…