Calder v. SBC Pension Benefit Plan

ORDER

XAVIER RODRIGUEZ, District Judge.

On this date, the Court considered Defendants’ Motion to Dismiss for Failure to State a Claim (docket no. 64), Plaintiffs’ Response (docket no. 83), and Defendants’ Reply (docket no. 95). After careful consideration, the Court will deny the motion.

I. Background

This case was originally filed on February 28, 2006 in the Northern District of Illinois by Charles Calder and Leslie Vaughn-Smith 1 , former management employees of AT & T, on behalf of themselves and a putative class of participants in the AT & T Pension Benefit Plan. 2 Plaintiffs seek a…