Enneking v. Schmidt Builders Supply Inc. et al
| Joseph Enneking |
| Mary Duncan, John Duncan, Timothy Schmidt, SS&C Solutions Inc. and Schmidt Builders Supply Inc. |
| 5:2011cv04111 |
| September 20, 2011 |
| US District Court for the District of Kansas |
| Topeka Office |
| Shawnee |
| Wesley E. Brown |
| Kenneth G. Gale |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| Plaintiff |
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Filing
79
MEMORANDUM AND ORDER denying 44 Motion for Reconsideration ; granting 44 Motion to Amend Complaint. The Court grants leave to amend as set forth in proposed Count I for breach of fiduciary duty except as to the prayer for relief, Count II for K ansas Securities Fraud, Count V for breach of fiduciary duty under ERISA, Count VI for negligence against SS&C, and Count VII for fraud against SS&C. The Court denies leave to amend as set forth in proposed Count III for Kansas common law fraud, and Count IV for relief associated with injury to the corporation, because these proposed amendments would be futile. Plaintiffs shall file an Amended Complaint that complies with this Memorandum and Order within fourteen (14) days. Granting in part an d denying in part 46 Motion to Intervene. The motion to intervene is granted to the extent the Intervenors assert claims that survive the Court's June 19, 2012 Order on the motions to dismiss and the futility analysis. The motion is otherwise denied. Signed by District Judge Julie A. Robinson on 1/7/2013. (pp)
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Filing
37
MEMORANDUM AND ORDER granting 19 Schmidt Builders, Mary Duncan and John Duncan's Motion to Dismiss Counts I, II, III, IV and VI; granting 21 Timothy Schmidt's Motion to Dismiss Counts I, II, III, IV and VI; granting in part and denying in part 23 SS&C Solutions' Motion to Dismiss Counts I, II, VI, VII and VIII. The motion is granted as to Counts I, II, VI, and VII. The motion is denied as to Count VIII. Signed by District Judge Julie A. Robinson on 6/19/2012. (pp)
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