Johnson v. Fujitsu Technology & Business of America, Inc.

*463 ORDER DENYING MOTIONS TO DISMISS

Re: Dkt. Nos. 71,

In this ERISA retirement plan case, former Fujitsu employees accuse Fujitsu and a plan administrator, Shepherd Kap-lan, of breaching their fiduciary duties by making imprudent investments. Defendants each move to dismiss the claims in the case, arguing that they acted prudently given their knowledge at the time, and that plaintiffs can only seek recovery for three years worth of claims.

The Court finds that defendants’ arguments challenge the facts of plaintiffs’ complaint, thus they are better suited for summary judgment. Because the Court declines to take “judicial notice” of the extensive plan documentation both parties provides, the Court limits its review to whether the facts alleged in the complaint, when taken as true, survive the plausibility standard on a motion to dismiss. The Court finds that the complaint is sufficiently pled and thus DENIES both motions to dismiss.

I. BACKGROUND

Plaintiffs are current and former participants in the Fujitsu Group Defined Contribution and 401(k) Plan. Dkt. No. 68, First Amended Complaint (“FAC”) ¶¶ 18-25. The Plan is an employee pension benefit plan, which covers eligible…