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United States District Court for the Western District of Pennsylvania
October 4, 2021, Decided; October 4, 2021, Filed
OPINION AND ORDER
Plaintiffs, Robert Mator, and Nancy Mator, Individually and as Representatives of a Class of Participants and Beneficiaries in and on behalf of the Wesco Distribution, Inc. Retirement Savings Plan (Plan), bring claims for Breach of Duty under the Employee Retirement Income Security Act (29 U.S.C. §§ 1001-1461) (ERISA) (Count I). The duties at issue in Count I are the Duty of Prudence and the Duty of Loyalty. In addition, at Count II, Plaintiffs set forth a claim for Failure to Adequately Monitor Other Fiduciaries Under ERISA (Count II). Both Counts are asserted against Defendants, Wesco Distribution, Inc., The Administrative and Investment Committee for Wesco Distribution, Inc. Retirement Savings Plan, and John and Jane Does 1-30. (ECF No. 1). Defendants moved to dismiss pursuant to Fed. R. Civ. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). (ECF No. 27). The matter is now ripe for consideration.
Upon consideration of Plaintiffs' Complaint (ECF No. 1), Defendants' Motion to Dismiss (ECF No. 27), the respective briefs of the parties (ECF Nos. 28, 35-36), the arguments of counsel, Plaintiffs' Notices of Supplemental Authority and Defendants' responses to the same (ECF Nos. 38, 40, 41, and 42), and for the following reasons, Defendants' Motion to Dismiss [*3] Pursuant to Fed. R. Civ. 12(b)(1) will be denied, and Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. 12(b)(6) will be granted. Plaintiffs' Complaint will be dismissed; however, Plaintiffs will be granted leave to amend.
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2021 U.S. Dist. LEXIS 190577 *
ROBERT MATOR AND NANCY MATOR, INDIVIDUALLY AND AS REPERESENTATIVES OF A CLASS OF PARTICIPANTS AND BENEFICIARIES IN AND ON BEHALF OF THE WESCO DISTRIBUTION, INC. RETIREMENT SAVINGS PLAN; Plaintiffs, vs. WESCO DISTRIBUTION, INC., AND; THE ADMINISTRATIVE AND INVESTMENT COMMITTEE FOR WESCO DISTRIBUTION, INC. RETIREMENT SAVINGS PLAN, JOHN AND JANE DOES 1-30, Defendants,
Prior History: Mator v. Wesco Distrib., 2021 U.S. Dist. LEXIS 140022, 2021 WL 3139989 (W.D. Pa., July 22, 2021)
Plaintiffs', allegations, motion to dismiss, fiduciaries, Funds, imprudent, invested, shares, monitor, plans, conclusory, mutual fund, expenses, pleaded, courts, breach of fiduciary duty, grant leave to amend, factual allegations, fiduciary breach, plan participant, recordkeeping, benefits, breached
Civil Procedure, Jurisdiction, Jurisdictional Sources, Constitutional Sources, Responses, Defenses, Demurrers & Objections, Motions to Dismiss, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Amendment of Pleadings, Leave of Court, Justiciability, Standing, Burdens of Proof, Pensions & Benefits Law, ERISA, Civil Litigation, Class Actions, Constitutional Law, Case or Controversy, Elements, Injury in Fact, Business & Corporate Compliance, ERISA Pension Plan Qualification Requirements, Payment of Benefits, Civil Litigation, Causes of Action, Breach of Fiduciary Duty, Evidence, Types of Evidence, Circumstantial Evidence, Inferences & Presumptions, Inferences, Fiduciaries, Fiduciary Responsibilities, Duty of Prudence, Delegation of Duties, Plan Administration, Diversification Rule, Named Fiduciary Appointment & Obligations