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MEOLI v. AMERICAN MEDICAL SERVICES OF SAN DIEGO

No. 97CV1222 BTM(JAH).

35 F.Supp.2d 761 (1999)

Mike MEOLI, an individual, and on behalf of all Plans participants and beneficiaries of the Plans, Plaintiffs, v. AMERICAN MEDICAL SERVICES OF SAN DIEGO, et al., Defendants. Robert Mayorga, Stanley Kaufman and Daniel Lynch, Counterclaimants, v. Mike Meoli and John Pringle, Counterdefendants.

United States District Court, S.D. California.

February 11, 1999.

Attorney(s) appearing for the Case

Thomas M. Monson, Susan L. Horner, Miller, Monson & Peshel, San Diego, CA, for plaintiffs.

Marc S. Schechter, Julia A. Nickerson, Hinchy, Witte, Wood, Anderson & Hodges, San Diego, CA, for defendants.

AMENDED ORDER GRANTING COUNTERDEFENDANTS' MOTION TO DISMISS COUNTERCLAIM

MOSKOWITZ, District Judge.

This matter comes before the Court on counterdefendants' motion to dismiss. For the reasons set forth below, the Court holds that the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, does not accord an ERISA fiduciary the right to seek indemnity from a co-fiduciary for breach of fiduciary duty. Accordingly, the motion...

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