Legal Opinion

Sender v. Franklin Resources, Inc.

District Court, N.D. California

Decided March 14, 2013No. C-11-3828 EMCPublished

1Opinion of the Court

ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS AND MOTION FOR SUMMARY JUDGMENT; AND DENYING PLAINTIFF’S MOTION TO REMAND

EDWARD M. CHEN, District Judge.

Plaintiff John B. Sender has filed suit against Defendant Franklin Resources, Inc. Under the current operative complaint (la, the second amended complaint or “SAC”), the only claim being asserted is an ERISA claim, more specifically a claim for benefits pursuant to the terms of an employee stock ownership plan (“ESOP” or “Plan”). See 29 U.S.C. § 1132(a)(1)(B). Currently pending before the Court are three motions: (1) Mr.…

2Cases cited35 opinions

Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
Cafasso v. General Dynamics C4 Systems, Inc.Court of Appeals for the Ninth Circuit · 2011
Hunter v. Philip Morris USACourt of Appeals for the Ninth Circuit · 2009

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