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FERNANDEZ v. K-M INDUSTRIES HOLDING CO., INC.

No. C 06-7339 CW.

585 F.Supp.2d 1177 (2008)

Thomas FERNANDEZ, Lora Smith, and Tosha Thomas, individually and on behalf of a class of all other persons similarly situated, Plaintiffs, v. K-M INDUSTRIES HOLDING CO., INC., et al., Defendants.

United States District Court, N.D. California.

November 14, 2008.

Attorney(s) appearing for the Case

Daniel M. Feinberg, Todd F. Jackson, Margaret E. Hasselman, Nina M. Wasow, Kirsten G. Scott, Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland, CA; and Peter Rukin, Rukin, Hyland, Doria & Tindall LLP, San Francisco, CA, for Plaintiffs.

Donald P. Sullivan, Nicole A. Diller, Andrew C. Sullivan, Morgan, Lewis & Bockius, LLP, San Francisco, CA, for Defendant North Star Trust Co.

ORDER DENYING NORTH STAR'S MOTION FOR SUMMARY JUDGMENT

CLAUDIA WILKE N, District Judge.

Defendant North Star Trust Company moves for summary judgment on the basis that Plaintiffs' claim against it under the Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty is invalid and is barred by the applicable statute of limitations. Plaintiffs oppose North Star's motion. The matter was heard on October 30, 2008. Having considered oral argument...

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