Kennedy et al v. ABB Inc. et al
Case Number: 2:2006cv04305
Filed: December 29, 2006
Court: US District Court for the Western District of Missouri
Office: Jefferson City Office
Presiding Judge: Nanette K. Laughrey
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29:1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 16, 2019 Opinion or Order Filing 870 MEMORANDUM AND ORDER entered by Judge Nanette Laughrey. ( 863 motion for fees) Signed on 8/16/19 by District Judge Nanette K. Laughrey. (Matthes Mitra, Renea)
December 12, 2017 Opinion or Order Filing 814 ORDER entered by Judge Nanette Laughrey. No later than January 12, 2018, the parties shall file proposed findings of fact and conclusions of law on the issue of damages for Tussey's mapping claim, consistent with the methodology adopted by the Court in this Order. (Barragan-Scott, Alana) Modified on 12/12/2017 (Barragan-Scott, Alana).
December 9, 2015 Opinion or Order Filing 782 ORDER granting in part and denying in part Plaintiffs' motion for attorney fees, Doc. 774 . Signed by Judge Nanette Laughrey on 12/9/2015. (Hatting, Elizabeth)
July 9, 2015 Opinion or Order Filing 771 ORDER entering judgment in favor of Defendants. Signed by Judge Nanette Laughrey on 7/9/2015. (Hatting, Elizabeth)
December 10, 2012 Opinion or Order Filing 731 ORDER entered by Judge Nanette Laughrey. The Court hereby GRANTS Fidelity Defendants' Motion. 724 Execution of the monetary portion of the Judgments [Docs. ## 624, 719] is stayed pending appeal. Fidelity Defendants shall electronically file their appeal bond on or before November 28, 2012. (Kanies, Renea)
November 14, 2012 Opinion or Order Filing 722 ORDER entered by Judge Nanette Laughrey. IP's Motion to Reconsider [Doc. # 706] is DENIED. (Kanies, Renea)
November 6, 2012 Opinion or Order Filing 720 ORDER entered by Judge Nanette Laughrey. The ABB Defendants have filed a motion for a stay pursuant to Rule 62 [Doc. # 690]. They ask the Court to stay execution or enforcement of the Court's judgment in this case pending appeal. Fidelity Defe ndants also seek a stay so that they can continue to provide corporate services to ABB as well as providing services to the PRISM Plans [Doc. # 692]. The Court denies the Fidelity Defendants' motion. They have not shown that a third party affected by an injunction, but not actually ordered to do anything, has standing to seek a stay. More importantly, their request is moot because the Court has granted ABB's motion. (Kanies, Renea)
November 2, 2012 Opinion or Order Filing 718 ORDER entered by Judge Nanette Laughrey. Plaintiffs' Motion for Attorneys' Fees and Costs [Doc. # 649] is GRANTED. The Court finds that a reasonable award of attorneys' fees and costs is as follows: $12,947,747.68 in attorneys&# 039; fees and $489,985.00 in taxable and nontaxable costs to be paid jointly and severally by Defendants ABB and Fidelity; $1,712,834.85 in costs to be paid out of the Class damages award; and $25,000.00 from the Class recovery to be paid to each of the three named Plaintiffs as an incentive award. (Kanies, Renea)
June 21, 2012 Opinion or Order Filing 688 ORDER entered by Judge Nanette Laughrey. The Court hereby DENIES the motion to intervene [Doc. # 641] filed by International Paper Company and the motions to clarify or modify the Court's injunctive order, filed by Defendant ABB [Doc. # 635] an d Defendant Fidelity [Doc. # 631]. The motion to alter the judgment to add prejudgment interest [Doc. # 630] is granted in part and denied in part, with the Plaintiffs and ABB having seven days from the date of this Order to submit new figures as discussed above. (Kanies, Renea)
March 31, 2012 Opinion or Order Filing 623 ORDER ENTERED BY JUDGE NANETTE LAUGHREY. ABB Defendants violated their fiduciary duties to the Plan and its participants when they failed to monitor recordkeeping costs and negotiate for rebates from Fidelity Trust, and selected classes of particula r investments to be on the PRISM Plan's investment platform that had higher expenses when other share classes with lower expenses of those same investments were available, and removed the Vanguard Wellington Fund, and replacing it with the Fidel ity Freedom Funds. ABB, Inc. also violated its fiduciary duties to the Plan when it continued to pay to Fidelity an amount that exceeded market costs for Plan services in order to subsidize ABB's corporate services. Fidelity Trust breached its fiduciary duties by failing to distribute float income solely for the interest of the Plan. Fidelity Research violated its fiduciary duties when it transferred float income to the Plan's investment options instead of the Plan. ABB Defendants are jointly and severally liable for $ 13.4 million lost by the Plan due to ABB's failure to monitor recordkeeping fees and negotiate for rebates, and $21.8 million lost by the Plan due to the mapping of the Vanguard Wellington Fund to the Fidelity Freedom Funds. Fidelity Defendants are jointly and severally liable for compensating the Plan $1.7 million for lost float income. The parties are ordered to submit a schedule for resolving the issue of attorney fees and any other remaining issues. Signed on 3/31/12 by District Judge Nanette K. Laughrey. (Kanies, Renea)
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