Beaston v. Sundt Companies

MEMORANDUM ORDER

A. WALLACE TASHIMA, Circuit Judge.

Peggy J. Beaston (“Plaintiff’) brings this action against The Sundt Companies (“Sundt”), Carol W. Peabody, a member of the Sundt ESOP Advisory Committee (“Peabody”), and the Sundt Companies ESOP Committee (the “Committee”). (The defendants, collectively, are hereinafter referred to as “Defendants.”) Plaintiff alleges discrimination, breach of fiduciary and cofiduciary duty, fraud, and misrepresentation by Defendants, giving rise to a cause of action under the Employee Retirement Income Security Act of 1974 (“ERISA”). Pending before the court…