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DIFELICE v. FIDUCIARY COUNSELORS, INC.

No. 1:05CV750.

398 F.Supp.2d 453 (2005)

Vincent D. DIFELICE, on behalf of himself and all others similarly situated, Plaintiff, v. FIDUCIARY COUNSELORS, INC., f/k/a Aon Fiduciary Counselors, Inc. Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

November 8, 2005.

Attorney(s) appearing for the Case

Stephen Ray Pickard, Alexandria, VA, for Plaintiff.

Gordon A. Coffee, Winston & Strawn LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

At issue at the threshold dismissal stage in this breach-of-fiduciary-duty action brought pursuant to § 502(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(2), is the nature of an independent fiduciary's duties to the participants in a 401(k) retirement plan. Specifically, this case considers whether defendant Fiduciary Counselors, Inc. ("Fiduciary Counselors...

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