to Plaintiff that could have been breached. At the point in time when Fidelity actually charged the fee for reviewing a DRO, Fidelity did have a fiduciary duty to the A & P Plan and its participants with respect to the administration of those services, but it did not then control the fee structure, as it was set in the agreement with A & P and Fidelity did not have unilateral discretion to change it. Renfro, 671 F.3d at 324 (quoting Hecker v. Deere & Co., 556 F.3d 575, 583 (7th Cir.2009)) (Defendant “ ‘[did] not act as a fiduciary with respect to the terms in the service agreement if it did not control the named fiduciary’s negotiation and approval of those terms.’ ”); see also Chi. Dist. Council of Carpenters Welfare Fund v. Caremark, Inc., 474 F.3d 463, 472-73 n. 4 (7th Cir.2007) (<HOLDING>). Therefore, Fidelity cannot be held liable as
holding individually negotiated arbitration agreement encompassing statutory claims enforceable holding that service provider was not a fiduciary with respect to revenue sharing because the total expenses associated with each investment option were fully disclosed holding the same with respect to an apartment holding that defendant was not a fiduciary with respect to a fixed fee that was set by an agreement negotiated at arms length holding that when a court accepts a fixed plea agreement it is bound by the agreements terms