International Paper - PLANSPONSOR.com

Case 3:06-cv-00703-DRH-CJP Document 2 Filed 09/11/2006 Page 44 of 52186. Based upon the foregoing, the statute of limitations was tolled on the breaches setforth in this Complaint and did not begin to run until such time as plaintiffs actually discoveredthem.COUNT I:[Breach of Fiduciary Duty – ERISA §502(a)(2)]187. Plaintiffs restate and incorporate the allegations contained in 1 through 186as though fully set forth here.188. As set forth in detail above, Defendants owe to the Plans, their participantsand beneficiaries, and the Class extensive fiduciary duties including, without limitation:A. To conduct itself as Plan Sponsor and Administrator with the care, skill,prudence, and diligence under the circumstances then prevailing that a prudentERISA professional fiduciary would in operating and administering a 401(k)plan the size and character of the Plans;B. To perform its duties as Plan Sponsor and Administrator with the utmostloyalty and fidelity to the Plans and its participants and beneficiaries, avoiding atall times conflicts of interest, self-interest, and duplicity;C. To ensure, at all times, that Plans’ assets “shall never inure to the benefit ofany employer and shall be held for the exclusive purposes of providing benefitsto participants in the Plan and their beneficiaries and defraying reasonableexpenses of administering the Plan;”D. To track and account for all transactions involving the Plans and Plan assetsso as to ensure that Plan assets are retained, managed, and disbursed incompliance with the Plan Document and ERISA;44