MEMORANDUM-DECISION and ORDER
HURD, District Judge.
I. INTRODUCTION
On May 28, 2002, the plaintiffs commenced the instant action against defendant claiming three causes of action: (1) that defendant Centrus Pharmacy Solutions breached its fiduciary duty to the New York State Teamsters Council Health and Hospital Fund (the "Fund") under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et. seq.
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