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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

(Docket No. 187)

Plaintiffs are five individuals who are members of Local 3, a local union in the International Union of Operating Engineers (“International Union”). They filed suit against the International Union, Local 3, and a number of individuals affiliated with the unions. In August 2014, the Court granted in part and denied in part motions to dismiss which challenged Plaintiffs’ first amended complaint (“FAC”). See Docket No. 176 (order). The Court gave Plaintiffs leave to amend, and thus, in October 2014, Plaintiffs filed their second amended.complaint (“SAC”).

In the SAC, Plaintiffs have reduced the scope of the litigation. They now sue, in essence, the Trustees (both union-side and management-side) of three different Trusts: (1) the Health & Welfare Fund (“H & W Fund”); (2) the Pensioned Health & Welfare Fund (“Pensioned H & W Fund”); and (3) the Pension Fund. In main part, the SAC accuses Defendants of violating ERISA — more specifically, of breaching their fiduciary duties and engaging in prohibited transactions — based on the following: (1) deciding that the Pension Fund should invest in-the…