Summary
rejecting defendants' claim that Varity is inapposite based on the “plan administrator” distinction, and noting that “the employer need not be the administrator to be deemed a fiduciary”
Summary of this case from In re Citigroup Erisa LitigationOpinion
2:06cv1629, Electronic Filing.
September 7, 2007
MEMORANDUM ORDER
On December 13, 2006, this case was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On July 30, 2007, the magistrate judge issued a Report (Document No. 26) recommending that the Defendants' Motion to Dismiss (Document No. 21) be granted regarding Defendants Donald O. Good, Shawn Staranko and Timothy Gertz, but otherwise denied. Service of the Report and Recommendation was made on the parties, and objections were filed by the Defendants on August 16, 2007. See Doc. 27.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the objections thereto, the following Order is entered:
AND NOW, on this 6Th day of September, 2007, IT IS ORDERED that the Defendants' Motion to Dismiss (Document No. 21) is GRANTED regarding Donald 0. Good, Shawn Staranko and Timothy Gertz, and these Defendants are DISMISSED from this lawsuit. Otherwise, the Defendants' Motion to Dismiss is DENIED.
The Report and Recommendation of Magistrate Judge Caiazza dated July 30, 2007, is hereby adopted as the opinion of this Court.