Springate
Springate v. WEIGHMASTERS MURPHY, INC. MONEY PUR.
Opinion
Opinion
ORDER DENYING DEFENDANTS WEIGHMASTERS MURPHY, INC. MONEY PURCHASE PENSION PLAN, CHARLES E. MURPHY, JOHN E. MURPHY AND FRANK MURPHY'S MOTION TO DISMISS; GRANTING IN PART DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS; AND GRANTING PLAINTIFF DAN L. SPRINGATE'S MOTION FOR SUMMARY JUDGMENT
TEVRIZIAN, District Judge.
This action is brought by Plaintiff Dan L. Springate ("Plaintiff") individually as a devisee of the Will of Fred E. Springate and as Executor of the Estate of Fred E. Springate against Defendants Weighmasters Murphy, Inc. Money Purchase Pension Plan, Charles E. Murphy, individually and as administrator of the estate, John E. Murphy, Frank Murphy and Northern Trust Bank of California, N.A. (collectively, "Defendants") for violation of the Employee Retirement Income Security Act of 1974 ("ERISA")29 U.S.C. §§ 1104, 1105, and 1132.
The following facts are alleged in the Complaint:
Decedent, Elinora M. Murphy, was a participant in the Weighmasters Murphy, Inc. Money Purchase Pension Plan ("Plan"). (Complaint ¶ 7.) In her application to the Plan, she properly designated Fred Springate as her Named Beneficiary in conformance with the provisions of…