Meoli

Meoli v. American Medical Services of San Diego

Good Law
35 F. Supp. 2d 761·1999 WL 65688·1999 U.S. Dist. LEXIS 6502
United States District Court, Southern District of CaliforniaFebruary 11, 199997CV1222 BTM(JAH)California2,242 words

Opinion

Opinion

Moskowitz, J.

AMENDED ORDER GRANTING COUN-TERDEFENDANTS’ MOTION TO DISMISS COUNTERCLAIM

This matter comes before the Court on counterdefendants’ motion to dismiss. For the reasons set forth below, the Court holds that the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001-1461 , does not accord an ERISA fiduciary the right to seek indemnity from a co-fiduciary for breach of fiduciary duty. Accordingly, the motion to dismiss is GRANTED.

I. Background

This case involves employee benefit plans (collectively “Plans”) covered by ERISA. Plaintiff Mike Meoli, an.asserted Plans participant, brings a class claim on behalf of all Plans participants and beneficiaries alleging, among other things, breach of fiduciary duty. The defendants are several individuals, business entities, and Plans trustees alleged to have played a role in management and administration of the Plans. On June 17, 1998, defendants Robert Mayor-ga, Stanley Kaufman, and Daniel Lynch (collectively “trustees”) filed a counterclaim against Meoli and another Plans participant, John Pringle (“plaintiffs”). According to the counterclaim, Mayorga and Lynch were the original named trustees of the Plans. Kaufman…

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