Fernandez v. KM Industries Holding Co., Inc.

ORDER DENYING NORTH STAR’S MOTION FOR SUMMARY JUDGMENT

CLAUDIA WILKEN, District Judge.

Defendant North Star Trust Company moves for summary judgment on the basis that Plaintiffs’ claim against it under the Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty is invalid and is barred by the applicable statute of limitations. Plaintiffs oppose North Star’s motion. The matter was heard on October 30, 2008. Having considered oral argument and all of the papers submitted by the parties, the Court denies North Star’s motion.

BACKGROUND

Plaintiffs are former employees of either…