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Labor: Employee Retirement Income Security Act (ERISA) | Texas Northern
Proposed Scheduling and Discovery Order
Proposal for contents of scheduling and discovery order by Samantha Cortez. (Chirinos, Tulio)
Memorandum Opinion and Order
MEMORANDUM OPINION & ORDER - Before the Court are Defendant Rithm Capital LLC's Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. No. 23), Brief in Support (Doc. No. 24), and Appendix in Support (Doc. No. 25) (collectively, the "Motion"), Plaintiff Samantha Cortez's Response (Doc. No. 26), and Defendant Rithm's Reply (Doc. No. 31).
The Motion is granted in part and denied in part. The Court DENIES the Motion as to Count III (Duty of Prudence) and Count VI (Anti-Inurement) because Plaintiff has pled enough factual content to allow the Court to draw the reasonable inference that Defendants are liable. See Iqbal, 556 U.S. at 678; Twombly, 550 U.S. at 570. The Court GRANTS the Motion as to Count I (Breach of the Plan Document), Count II (Duty of Loyalty), Count IV (Fiduciary Prohibited Transactions / Self-Dealing 29 U.S.C. § 1106(b)), and Count V (Fiduciary Prohibited Transactions / Self-Dealing 29 U.S.C. § 1106(a)). Counts I, II, IV, and V are DISMISSED WITHOUT PREJUDICE. As to the deficient portions of Plaintiff's complaint, the Court GRANTS Plaintiff leave to file an amended complaint WITHIN 14 DAYS of the entry of this Memorandum Opinion & Order. (Ordered by Judge Ed Kinkeade on 9/22/2026) (chmb)
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