Dalton
Dalton v. Freeman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CONNOR DALTON, et al. No. 2:22-cv-00847-DJC-DB Plaintiff, v. FORREST C. FREEMAN, et al., Defendants. ORDER
17 Plaintiffs Connor Dalton and Anthony Samano, on behalf of themselves and those similarly situated, bring this action under the Employee Retirement Income Security Act (“ERISA”). Pending before the Court are motions by Defendants Alerus Financial. N.A. and Larry Wray to dismiss the ERISA claims made against each of them under Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the Court GRANTS the Motion to Dismiss by Alerus (ECF No. 29.) Additionally, the Court grants in part and denies in part the Motion to Dismiss by Defendant Wray (ECF No. 47). Plaintiffs will be given leave to amend. BACKGROUND Plaintiffs Connor Dalton and Anthony Samano were employees of Defendant O.C. Communications (“OCC”) and participants in an Employee Stock Ownership Plan (“ESOP”) offered by…