Leber v. CitiGroup, Inc. et al
| Marya J. Leber and Sara L Kennedy |
| CitiGroup, Inc., The Plans Administrative Committee of Citgroup Inc., The 401 (k) Plan Investment Committee and Doe |
| 1:2007cv09329 |
| October 18, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Sidney H. Stein |
| Employee Retirement Income Security Act of 1974 |
| No cause code entered |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
309
OPINION AND ORDER re: 304 MOTION for Pre-Arbitration Relief and Distribution of Attorneys Fees Beyond Reasonable Dispute by McTigue Law LLP. filed by Sara L Kennedy, Marya J. Leber. The Court therefore denies McTigue' s motion for pre-arbitration relief. The parties are directed to proceed with mediation and, if necessary, arbitration. The mediation shall take place on April 2, 2019, as the firms have agreed. (Bailey & Glasser' s Opp. at 7, Doc. 307; McTigue' s Reply at 2, Doc. 308.) If mediation fails, the firms shall proceed immediately to arbitration pursuant to Section 8 of the Co-Counsel Agreement. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/25/2019) (kv)
|
|
Filing
266
OPINION AND ORDER: re: 213 MOTION to Certify Class filed by Leslie Highsmith, Sherri M. Harris, Sara L Kennedy, Marya J. Leber. For the foregoing reasons, plaintiffs' motion to certify a class is granted, with the following terms and condi tions: The following class is certified pursuant to Fed. R. Civ. P. 23(b)(1)(B): All participants in the Citigroup 401(k) Plan who invested in any of the following funds from October 18, 2001 to December 1, 2005: Citi Institutional Liquid Reserves Fu nd, Smith Barney Government Securities Fund, Smith Barney Diversified Strategic Income Fund, Smith Barney Large Cap Growth Fund, Smith Barney Large Cap Value Fund, Smith Barney Small Cap Value Fund, Smith Barney International All Cap Growth Fund, Smi th Barney Fundamental Value Fund, and the Salomon Brothers High Yield Bond Fund. Excluded from the class are Defendants, Defendants' beneficiaries, and Defendants' immediate families. Plaintiffs Marya J. Leber and Sara L. Kennedy are appoin ted to serve as class representatives, while plaintiff Sherri M. Harris is stricken as a named plaintiff; and J. Brian McTigue and James Moore of McTigue Law LLP and Gregory Y. Porter of Bailey & Glasser LLP are appointed as class counsel, and David M. Preminger of Keller Rohrback LLP is appointed as liaison counsel for the class. SO ORDERED. *** Party Sherri M. Harris terminated. (Signed by Judge Sidney H. Stein on 11/27/2017) (ama) Modified on 11/27/2017 (ama).
|
|
Filing
203
OPINION AND ORDER: re: 151 FOURTH MOTION to Amend/Correct Complaint filed by Marya J. Leber. For the foregoing reasons, plaintiffs' motion for leave to file a fourth amended complaint (Dkt. No. 151) is granted in part and denied i n part. Plaintiffs' motion is granted to the extent that plaintiffs may add the following in their fourth amended complaint: (1) new defendants Walter and Zimmerman; (2) new plaintiffs Highsmith and Harris; and (3) breach of the duty of loyalty allegations in Counts One through Three. Plaintiffs' motion is denied to the extent that they seek to add (1) under performance allegations to Counts One through Three; (2) a separate failure to monitor claim (Count Four) (although plaintiffs ma y add FAC paragraph 108 to Count One); (3) a claim based on the SVF (Count Five); and (4) a prohibited transactions claim (Count Six). Plaintiffs are directed to file a revised fourth amended complaint as set forth in this Opinion and Order on or before September 18, 2015. Defendants are directed to answer the revised fourth amended complaint on or before October 9, 2015. SO ORDERED., ( Amended Pleadings due by 9/18/2015.) (Signed by Judge Sidney H. Stein on 9/08/2015) (ama)
|
|
Filing
133
OPINION & ORDER re: 93 MOTION for Summary Judgment. filed by Glenn Regan, James Costabile, The Citigroup 401(k) Plan Investment Committee, Donald Young, Marcia Young, Leo Viola, Christine Simpson, Robert Grogan, Robin Leopold, Timothy Tucker, Richard Tazik. Because defendants have failed to demonstrate pursuant to 29 U.S.C. § 1113 that plaintiffs had "actual knowledge" of the alleged breaches three years before commencing the action, defendants' motion for s ummary judgment on the issue of timeliness (Dkt. No. 93) is denied. The parties shall submit an agreed upon schedule for the remaining discovery in this action on or before October 17, 2014. SO ORDERED. ( Discovery due by 10/17/2014.) (Signed by Judge Sidney H. Stein on 9/30/2014) (ama)
|
|
Filing
86
OPINION AND ORDER: Plaintiff's motion for leave to file a second amended complaint (Dkt. No. 67) is granted in part and denied in part. Plaintiffs second amended complaint may include proposed Counts Two, Four, and Five, which are not futile ins ofar as they allege breaches of the duty of prudence through the selection or retention of Affiliated Funds with high fees, but may not include Count Six. Plaintiffs are directed to Motions terminated: 67 MOTION for Leave to File Amended Complaint filed by Sara L Kennedy, Marya J. Leber. (Signed by Judge Sidney H. Stein on 11/8/2011) (ft)
|
|
Filing
62
OPINION AND ORDER: #98676 Because the Court finds that plaintiffs validly state a plausible claim to relief pursuant to section 404 insofar as they allege that the committee defendants acted imprudently by steering Plan assets to affiliated mutual fu nds with higher investment advisory fees than those of competing funds, the motion to dismiss the complaint is denied with regard to those claims. As noted, however, survival of those claims will turn on resolution of the timeliness of the action, an issue that cannot be resolved on this Rule 12(b)(6) motion. None of plaintiffs' other allegations-including plaintiffs' remaining section 404 claims, all of plaintiffs, section 406 claims, and plaintiffs' claims against non-fiduciary Citigroup--states a plausible claim to relief under any section of ERISA, and accordingly, defendants' motion to dismiss the complaint in those respects is granted. (Signed by Judge Sidney H. Stein on 3/16/2010) (jpo) Modified on 3/18/2010 (ajc).
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
