Sussman v. Rabobank International

Sussman v. Rabobank International

Plaintiff:	Sheldon L. Sussman
Defendant:	Rabobank International
Case Number:	1:2009cv08065
Filed:	September 21, 2009
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	XX Out of State
Presiding Judge:	Sidney H. Stein
Nature of Suit:	Plaintiff
Cause of Action:	29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 16, 2010	Filing 24 OPINION AND ORDER: #99417 This Court finds that, based on the plain language of the Plan and the Separation Agreement, Sussman waived his right to the unvested Second Tranche of the Bonus Award. Plaintiff has failed to raise a genuine issue of any ma terial fact that supports a finding of an ERISA violation, breach of contract, or conversion. Thus, Rabobank's motion for summary judgment in its favor dismissing plaintiff's complaint is granted. Sussman's cross-motion for summary judgment is denied. (Signed by Judge Sidney H. Stein on 9/16/2010) (jpo) Modified on 9/16/2010 (ajc).
November 13, 2009	Filing 5 ORDER re motions pursuant to FRCP 12(c): Plaintiff's Cross Motion due by 12/16/2009. Defendant's Motion due by 11/18/2009. Reply due by 1/11/2010 and response to cross motion. Response due by 12/16/2009. Plaintiff's reply due on or before 1/29/10. (Signed by Judge Sidney H. Stein on 11/12/09) (cd)

Date Filed

Document Text

September 16, 2010

Filing 24 OPINION AND ORDER: #99417 This Court finds that, based on the plain language of the Plan and the Separation Agreement, Sussman waived his right to the unvested Second Tranche of the Bonus Award. Plaintiff has failed to raise a genuine issue of any ma terial fact that supports a finding of an ERISA violation, breach of contract, or conversion. Thus, Rabobank's motion for summary judgment in its favor dismissing plaintiff's complaint is granted. Sussman's cross-motion for summary judgment is denied. (Signed by Judge Sidney H. Stein on 9/16/2010) (jpo) Modified on 9/16/2010 (ajc).

November 13, 2009

Filing 5 ORDER re motions pursuant to FRCP 12(c): Plaintiff's Cross Motion due by 12/16/2009. Defendant's Motion due by 11/18/2009. Reply due by 1/11/2010 and response to cross motion. Response due by 12/16/2009. Plaintiff's reply due on or before 1/29/10. (Signed by Judge Sidney H. Stein on 11/12/09) (cd)

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Plaintiff: Sheldon L. Sussman
Represented By:	Jonathan Scott Sack
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Defendant: Rabobank International
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