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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALAN MEYER, Trustee for Paul D. Meyer, M.D., P.A. Money Purchase Pension Plan and Trust, et al. v. BERKSHIRE LIFE INSURANCE COMPANY : : : : : : : Civil Action No. CCB-99-1432 : : : : :

MEMORANDUM Plaintiffs Alan Meyer1 and Jorge R. Ordonez ("Plaintiffs" or "Doctors" or "Trustees") allege that defendant Berkshire Life Insurance Company ("Defendant" or "Berkshire") mismanaged their pension fund.2 Following the court's summary judgment order,

only Count V of the plaintiffs' amended complaint, which asserts damages for breach of fiduciary duties pursuant to the Employee
1

The individual plaintiffs originally named in this suit were Paul D. Meyer, M.D., and Jorge R. Ordonez, M.D. On March 22, 2002, however, the court granted the plaintiffs' Motion to Substitute Alan Meyer, Trustee for Paul D. Meyer, M.D., Trustee as Nominal Plaintiff for the Paul D. Meyer, M.D., P.A. Money Purchase Pension Plan and Trust, due to the death of Paul D. Meyer. While the plaintiffs did not indicate that Alan Meyer is a physician, the court may refer to the plaintiffs collectively as "Doctors" in this opinion, for the sake of consistency with the other opinions issued in this case. The other orders issued in this case, namely the summary judgment order, see Meyer v. Berkshire Life Ins. Co., 128 F. Supp. 2d 831 (D. Md. 2001), and the order granting Plaintiffs' Motion to Dismiss Counterclaim, are incorporated herein by reference, to the extent relevant.
2

Retirement Income Security Act, 29 U.S.C.

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