Meoli v. American Medical Services of San Diego

AMENDED ORDER GRANTING COUN-TERDEFENDANTS’ MOTION TO DISMISS COUNTERCLAIM

MOSKOWITZ, District Judge.

This matter comes before the Court on counterdefendants’ motion to dismiss. For the reasons set forth below, the Court holds that the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461, does not accord an ERISA fiduciary the right to seek indemnity from a co-fiduciary for breach of fiduciary duty. Accordingly, the motion to dismiss is GRANTED.

I. Background

This case involves employee benefit plans (collectively “Plans”) 1 covered by ERISA. Plaintiff Mike Meoli,…