Bilello v. JPMorgan Chase Retirement Plan et al
| Frank Bilello |
| JPMorgan Chase Retirement Plan and JPMorgan Chase Director of Human Resources |
| 1:2007cv07379 |
| August 17, 2007 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Labor: E.R.I.S.A. |
| 28 U.S.C. ยง 1132 E.R.I.S.A. |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
84
OPINION AND ORDER re:#97879 68 MOTION for Leave to File Second Amended Complaint filed by Frank Bilello. Plaintiffs May 27, 2009 motion for leave to file a SAC is granted. Counts 2-5 and 9 have been dismissed on consent through the Order of June 8 , 2009. The defendants February 25, 2008 motion to dismiss the FAC and the plaintiffs April 27, 2009 motion for reconsideration of the SOL Opinion, to the extent they apply to the SAC, are granted or denied as discussed in this Opinion. Counts 6 and 7 are dismissed in their entirety in this Opinion. Counts 1, 8, 10, 11, and 12 are dismissed in part. The surviving claims are: Count 1s allegation that the interest-credit rates employed under the 2002 and 2005 Plans caused backloading violations; T he allegations in Count 8 that the 1992 and 1994 SPDs misinformed participants regarding the existence of wear-away, that the 1992 SPD misinformed them regarding the 1989 Plans reduction in rates of benefit accrual as compared with the Pre- 1989 Plan ; and that the 1994 SPD misinformed them regarding the lack of a minimum interest rate; and Count 12's allegations of omissions and misstatements in connection with the 1989, 1993, and 1997 Plans that prevented participants from understanding th at the cash balance plan formula lowered their benefits compared with the Pre-1989 Plan and created a period of wear-away; and The claims in Counts 10 and 11 premised on the failure to provide formal plan documents prior to 2002 that were used to "operate" the plan in effect in 2007. (Signed by Judge Denise L. Cote on 8/12/09) (tro) Modified on 8/13/2009 (jab).
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Filing
72
ORDER, that the following schedule shall apply to briefing on the plaintiff's motion seeking leave to amend: defendants' opposition brief shall be served by 6/19/09; plaintiff's reply shall be served by 7/2/09. At the time any Reply is served the moving paper shall supply two courtesy copies of all motion papers to Chambers, via the Courthouse Mailroom, 8th floor, 500 Pearl St., NY NY. (Signed by Judge Denise L. Cote on 5/29/09) (cd)
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Filing
58
OPINION AND ORDER #97449: For the reason set forth in this order, Count 3 of the amended complaint is dismissed. Count 7 is dismissed, except to the extent that it argues that the notice of the 1983 Plan provided in compliance with ERISA 204(h) was inaccurate and misleading. (Signed by Judge Denise L. Cote on 4/24/09) (mme) Modified on 4/28/2009 (mro).
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Filing
55
OPINION AND ORDER #97404: The defendants' 2/25/08 motion to dismiss on the basis that the plaintiff's claims are time-barred is granted in part. With the possible exception of the allegation as to the 2002 and 2005 Plans in Count 3, Counts 1-4 and 6 are dismissed. Count 7 is dismissed with respect to its allegations that notices were not timely distributed and were not written in a manner calculated to be understood by the average plan participant. Count 7's allegation that the no tices failed to warn participants of a reduced rate of benefit accrual is not time-barred. Count 8 is also dismissed on statute of limitations grounds, except for that portion which identifies the failure to give multiple age-based calculations of benefit accruals. The motion to dismiss on statute of limitations grounds is denied with respect to Counts 5 and 9. (Signed by Judge Denise L. Cote on 4/10/09) (tro) Modified on 4/13/2009 (mro).
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Filing
54
OPINION AND ORDER:# 97188 Having found that no substantial ground for difference of opinion regarding Bilello's standing under ERISA Section 502, 29 U.S.C. 1132, defendants' January 21, 2009 motion to certify the January 6 Opinion for Interlocutory appeal is denied. (Signed by Judge Denise L. Cote on 3/9/2009) (jpo) Modified on 3/10/2009 (jab).
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Filing
40
OPINION AND ORDER #96919: The defendants February 25, 2008 motion to dismiss is denied to the extent it argues that Bilello lacks standing as an ERISA participant to bring ERISA claims. A scheduling order shall give the parties an opportunity to address the defendants argument that this lawsuit must be dismissed for Bilellos failure to exhaust administrative remedies. So Ordered (Signed by Judge Denise L. Cote on 1/6/09) (js) Modified on 1/7/2009 (mro).
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