Paulsen

Paulsen v. CNF, INC.

Good Law

391 F. Supp. 2d 804·2005 WL 1936287·2005 U.S. Dist. LEXIS 37304

United States District Court, Northern District of CaliforniaMay 2, 2005C 03-03960 JWCalifornia3,403 words

Opinion

Ware, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT TOWERS, PERRIN, FORSTER & CROSBY, INC.’S MOTION TO DISMISS THIRD AMENDED COMPLAINT

I. INTRODUCTION

This lawsuit arises out of a failed pension plan. Plaintiffs are six alleged participants in that plan. Defendant Towers, Perrin, Forster & Crosby, Inc. (“Defendant”), the only remaining defendant in this lawsuit, allegedly provided actuarial services to the plan. Plaintiffs assert against Defendant two professional negligence claims under Oregon law. (See Third Amended Complaint, hereinafter TAC, Docket Item No. 74, ¶¶ 123-40.) Defendant moves to dismiss those claims. (See Defendant’s Motion to Dismiss TAC, hereinafter Defendant’s Motion, Docket Item No. 78.) Pursuant to Civil L.R. 7-1(b), this Court finds it appropriate to take Defendant’s Motion under submission, without oral argument, for a decision based upon the parties’ papers. For the reasons set forth below, this Court grants Defendant’s Motion in part and denies it in part.

II. BACKGROUND

In December 1996, CNF, Inc. (“CNF”), a supply chain management company that provides trucking and air freight transportation services, spun off its long-haul trucking business unit…

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