Comer

Comer v. Micor, Inc.

Good Law

278 F. Supp. 2d 1030·2003 WL 22025898·31 Employee Benefits Cas. (BNA) 1560·2003 U.S. Dist. LEXIS 20062

United States District Court, Northern District of CaliforniaJuly 21, 2003C 03-0818 SBACalifornia5,618 words

Opinion

Armstrong, J.

ORDER DENYING PETITION TO COMPEL ARBITRATION AND MOTION TO STAY PROCEEDINGS

Plaintiff Kevin Comer (“Plaintiff’), a participant in the Micor, Inc. Employee Pension Plan and the Micor, Inc. Employee Profit Sharing Plan (collectively, the “Plans”), brings the instant action under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”). Plaintiff asserts an ERISA claim under 29 U.S.C. § 1132 (a)(2) for breach of fiduciary duty against defendant Micor, Inc. (“Micor”), the administrator of the Plans; against defendants Kenneth C. Smith, Elliot H. Wagner, and Barbara Ar-bucci (collectively, the “Trustees”), the trustees of the Plans; and against defendant Smith Barney, Inc. (“SB”), with whom the Trustees had opened and maintained two accounts on behalf of the Plans. Plaintiff also asserts an ERISA claim for equitable relief from interference with protected rights against Micor.

The parties are before the Court on Defendant Smith Barney, Inc.’s Petition to Compel Arbitration and Motion to Stay Proceedings (the “Petition”). Having read and considered the papers submitted and being fully informed, the Court DENIES the Petition.

BACKGROUND

Plaintiff was an…

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