Dalton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CONNOR DALTON, et al. No. 2:22-cv-00847-DJC-DMC 12 Plaintiffs, 13 v. 14 FORREST C. FREEMAN, et al., 15 Defendants. ORDER

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17 18 Plaintiffs Connor Dalton and Anthony Samano, on behalf of themselves and 19 those similarly situated, bring this action under the Employee Retirement Income 20 Security Act (“ERISA”). Following the Court’s prior grant of Defendant Alerus 21 Financial, N.A.’s Motion to Dismiss, Plaintiffs filed a First Amended Complaint. (See 22 FAC (ECF No. 67).) Defendant Alerus has filed a new Motion to Dismiss that is 23 presently before the Court. (ECF No. 64.) 24 For the reasons stated below, the Court grants in part and denies in part 25 Defendant Alerus’ Motion to Dismiss. 26 //// 27 //// 28 //// 1 BACKGROUND 2 The Court summarized the background of this case in its prior order. (See ECF 3 No. 65 at 1–3.) Relevant to Defendant Alerus Financial, N.A. specifically, Defendant 4 Alerus was the trustee of the Employee Stock…