Scott
Scott v. AT&T Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TIMOTHY SCOTT, et al., Case No. 20-cv-07094-JD
Plaintiffs,
SECOND ORDER RE MOTION TO
v. DISMISS
AT&T INC., et al., Re: Dkt. No. 100 Defendants.
12 Defendant AT&T Services, Inc. asks to dismiss plaintiffs’ “fiduciary breach claim brought under ERISA § 502(a)(2), 29 U.S.C. § 1132(a)(2), set forth mainly in Count IV of the Second Amended Complaint [(SAC)] against AT&T Services but also pled as a conclusion in Plaintiffs’ other counts.” Dkt. No. 99 at 1, 5 n.3. In AT&T Services’ view, dismissal is warranted under Rule 12(b)(6) because plaintiffs did not plausibly allege a Section 502(a)(2) claim on behalf of the Plan to remedy losses suffered by the Plan, but rather seek purely individual relief. Id. at 1. The parties’ familiarity with the record is assumed, and the motion is denied, with one exception. Section 502(a) of ERISA allows plan participants to bring a civil enforcement action against any fiduciary “to make good…