Opinion
Civil Action 20-cv-3158
09-15-2022
KRISTEN LEONE, et al., Plaintiffs, v. OLYMPUS CORPORATION OF THE AMERICAS, et al., Defendants.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 15th day of September, 2022, upon consideration of Defendants' “Motion to Dismiss” (ECF No. 16), and Plaintiffs' response thereto (ECF No. 20), it is hereby ORDERED that Defendants' Motion is GRANTED in part and DENIED in part as follows:
1. Defendants' motion with respect to Plaintiffs' claims under 29 U.S.C. § 1132(a)(2) and 29 U.S.C. § 1109, as well as Plaintiffs' claims for equitable estoppel is GRANTED and those claims are DISMISSED WITH PREJUDICE;
2. Defendants' motion with respect to the six plaintiffs who adequately pled detrimental reliance is DENIED;
3. Plaintiffs' misrepresentation claims for the remaining thirty-three plaintiffs are DISMISSED WITHOUT PREJUDICE. Within thirty (30) days from the date of this Order, Plaintiffs may file an amended complaint to plead more specific allegations of the reliance losses suffered by these plaintiffs.