AGI CONSULTING L.L.C., an Oklahoma limited liability company, by Assaf Al-Assaf as Trustee/Owner/Plan Administrator of an Alleged Non-Integrated Defined Benefit Plan, Plaintiff - Appellant, v. AMERICAN NATIONAL INSURANCE COMPANY, a Texas insurance company, Defendant - Appellee., 798 Fed. Appx. 296

Summary

HOLDINGS: [1]-In an ERISA suit, the plan administrator was properly denied a Fed. R. Civ. P. 59(e) motion to amend the complaint, which asserted breaches of fiduciary duty, because the claims were all time-barred and thus, amendment would have been futile; [2]-The claim that the insurer replaced the handwritten plan with a materially different typewritten plan was time barred under 29 U.S.C.S. § 1113 because the six-year limitations period began to run at the time the breach occurred, and this period expired well before commencement of the suit; [2]-As to a claim that the insurer failed to resolve disputes as to its incorrect inclusion of ineligible employees in the census, in violation of the handwritten plan, the administrator had actual knowledge of the pertinent facts sufficient to trigger the § 1113(2) applicable limitations period more than three years before suit was filed.