Bowles

Brad Whitney Sportswear ProfiNShar-ing Plan, Brad Whitney Sportswear Defined Benefit Pension Plan (“The Plans”), and Marvin Stone, Trustee of the Brad Whitney Sportswear Defined Benefit Pension Plan (collectively “Appellants”), appeal from the denial of the motion for leave to amend their complaint to reflect that Deirdre Reade (“Ms. Reade”) is the trustee of the Robert B. Reade Trust in this action for breach of fiduciary duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). Appellants also appeal from the final judgment dismissing this action following the November 14, 1997 order granting summary judgment in favor of Ms. Reade.

Ms. Reade cross-appeals from the February 7, 1997, order denying her motion to dismiss all claims filed by Maria Bowles pursuant to a release agreement. Ms. Reade also seeks reversal on jurisdictional grounds of the order realigning The Plans as plaintiffs and the order denying Ms. Reade’s motion to dismiss the first amended complaint joining Stone as a plaintiff. We have jurisdiction to hear this timely appeal pursuant to 28 U.S.C. § 1291 .

On the appeal, we vacate the order denying the motion for leave to amend the complaint…