Roe v. Arch Coal Inc et al
| Douglas R Roe |
| Arch Coal Inc, The Finance Committee of the Board of Directors of Arch Coal Inc, Theodore D Sands, John W Eaves, J Thomas Jones, George C. Morris, III, Paul A Lang, James A Sabala, Steven F Leer, Robert G Potter, Brian J Jennings, A Michael Perry, Peter I Wold, The Internal Retirement Committee of Arch Coal, Allen R Kelley, John Ziegler Jr., John Does 1-10 and Mercer Fiduciary Trust Company |
| 4:2015cv00910 |
| June 9, 2015 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Nannette A. Baker |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1132 |
| Plaintiff |
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Filing
75
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of the Arch Defendants to dismiss [Doc. # 46 ] is granted. IT IS FURTHER ORDERED that the motion of defendant Mercer Trust Company to dismiss [Doc. # 49 ] is granted. IT IS FURTHER ORDERED that the joint motion to stay discovery [Doc. # 63 ] is denied as moot. IT IS FURTHER ORDERED that the motion of defendant Mercer Trust Company for leave to file supplemental authority [Doc. # 74 ] is denied as moot. An order of dismissal will be filed separately. Signed by District Judge Carol E. Jackson on 8/4/2017. (CLO)
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Filing
33
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion to consolidate the actions and appoint interim class counsel [Doc. #7] is granted.IT IS FURTHER ORDERED that the plaintiffs' request for an oral argument on their motion for consolidation and appointment of interim class counsel [Doc. #27] is denied as moot.IT IS FURTHER ORDERED that Elmer Bush v. Arch Coal, Inc., et al., 4:15-CV-1026 (SNLJ) is consolidated with Douglas R. Roe v. Arch Coal, Inc., et al., 4:15-CV-910 (CE J). IT IS FURTHER ORDERED that henceforth all pleadings and other documents in this matter shall be filed in Douglas R. Roe v. Arch Coal, Inc., et al., 4:15-CV-910 (CEJ). See E.D.Mo. L.R. 4.03 ([T]he consolidated cases shall be reassigned to the ju dge presiding in the lowest-numbered case. Following consolidation, all documents shall be filed only in the lowest-numbered case....). IT IS FURTHER ORDERED that the firms of Kessler Topaz Meltzer & Check, LLP and Stull, Stull & Brody are appoint ed as interim co-lead counsel, and the firm of Blitz, Bardgett & Deutsch, LC is appointed as interim liaison counsel. IT IS FURTHER ORDERED that interim co-lead class counsel shall have the authority over the following matters on behalf of all plai ntiffs in the consolidated action: (1) initiating, responding to, scheduling, briefing and arguing all motions; (2) determining the scope, order and conduct of all discovery proceedings; (3) assigning such work assignments to other counsel as they may deem appropriate (SEE ORDER); IT IS FURTHER ORDERED that defendants shall produce documents or information within ten (10) days of the entry of this Order sufficient to enable plaintiffs to accurately identify the specific persons who serve as the Arch Coal, Inc. Employee Thrift Plan fiduciaries, including but not limited to: Plan documents and materials that describe the operation, administration, and management of the Plan; and documents that identify the Plan fiduciaries and describe th e scope of their fiduciary duties (the core ERISA documents).IT IS FURTHER ORDERED that plaintiffs shall file a consolidated complaint no later than thirty (30) days after the production of the core ERISA documents. Each defendant shall file an answe r or other responsive pleading to the consolidated amended complaint no later than sixty (60) days after its filing. IT IS FURTHER ORDERED that plaintiffs shall have forty-five (45) days to file a response to any dispositive motions defendants direc t at the consolidated complaint. Defendants shall have thirty (30) days to file any reply. re: 7 MOTION to Consolidate Cases 4:14-cv-00910 and 4:15-cv-1026 into lower numbered case no 4:15-cv-00910 Consolidate with higher case number 4:15-cv-1026 MOTION to Appoint Counsel Interim Class Counsel filed by Plaintiff Douglas R Roe ( Response to Court due by 11/12/2015.). Signed by District Judge Carol E. Jackson on 11/2/15. (KKS)
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