Rudd v. Baker Furniture

MEMORANDUM:

JOHN T. NIXON, Chief Judge.

Pending before the Court is Defendant’s Motion to Dismiss the Complaint. (Doc. No. 4). The Plaintiff has filed papers in opposition. Upon review of the record, and for the reasons stated below, the Court denies the Motion.

I. BACKGROUND:

Plaintiff Willie Rudd, who is Chairman of the Board of Trustees of the United Furni ture Workers Insurance Fund (‘the Fund”), initially brought this action as a complaint for damages and injunctive relief under the Employees’ Retirement Income Security Act of 1974 (“ERISA”). Rudd sought, as a fiduciary of the Fund, to…