Appeal from the United States District Court for
the Middle District of Tennessee at Nashville.
No. 3:15-cv-01215—Waverly D. Crenshaw, Jr., District Judge.
Argued: January 25, 2017
Decided and Filed: March 14, 2017
Before: MERRITT, CLAY, and DONALD, Circuit Judges.
CLAY, Circuit Judge. Eloise Hitchcock (“Hitchcock”) and Sheryl Kae (“Kae”)
(collectively, “Plaintiffs”) appeal from the order entered by the district court granting the motion
of the Cumberland University 403(b) DC Plan (the “Plan”) and Cumberland University (the
“University”) (collectively, “Defendants”) to dismiss without prejudice this Employee
Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001, et seq., action.
For the reasons that follow, we REVERSE the district court’s judgment and REMAND
the case for further proceedings consistent with this opinion.