New Jersey Carpenters Annuity Fund et al v. Meridian Diversified Fund Management, LLC et al
| New Jersey Carpenters Annuity Fund, New Jersey Carpenters Pension Fund and New Jersey Carpenters Welfare Fund |
| Meridian Diversified Fund Management, LLC, William H. Lawrence, John L. Sica, Donald J. Halldin, Timothy M. Hickey, Laura K. Smith, Robert J. Murphy, Howard B. Fischer, Peter M. Brown, Martin Byrne and Christopher Bowring |
| 1:2010cv05738 |
| July 29, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Unassigned |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
81
OPINION re: (97 in 1:09-md-02082-TPG, 69 in 1:10-cv-05738-TPG) MOTION to Dismiss. filed by Donald J. Halldin, Peter M. Brown, Laura K. Smith, Howard B. Fischer, Donald L. Halldin, William H. Lawrence, Meridian Diversified Fund Management, LLC, Timoth y M. Hickey, Meridian Diversified Fund Management, LLC, Robert J. Murphy, John L. Sica. Plaintiffs' derivative state-law claims have already been dismissed by this court as preempted by ERISA. It now dismisses them for a second time. Plaintiffs& #039; derivative claims under ERISA § 502(a) are also dismissed. As indicated above, the court will consider a motion for sanctions if such a motion is made. This opinion resolves the motion listed as document number 69 in case 10 Civ. 5738 and document 97 in case 09 M.D. 2082. (Signed by Judge Thomas P. Griesa on 3/26/2014) Filed In Associated Cases: 1:09-md-02082-TPG, 1:10-cv-05738-TPG(lmb)
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Filing
40
OPINION, that on October 21, 2009, this court ordered consolidation of certain cases alleging violations of the Employee Retirement Income Security Act (ERISA), the Securities Act of 1933, etc., against Meridian Diversified Fund Management, LLC (Meri dian Diversified) and its affiliates (the Meridian MDL). Plaintiffs in the instant case are subject to the consolidation order but object to being so consolidated. Plaintiffs' objection to consolidation is overruled. (Signed by Judge Thomas P. Griesa on 8/30/11) Filed In Associated Cases: 1:09-md-02082-TPG, 1:10-cv-05738-TPG(pl)
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Filing
31
OPINION #100313 Plaintiffs state law derivative action for breach of fiduciary duty is completely preempted by ERISA. This court has exclusive jurisdiction over plaintiffs claims and therefore plaintiffs motion to remand is denied. (Signed by Judge Thomas P. Griesa on 5/11/11) (jmi) Modified on 5/12/2011 (ajc).
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