Bekker v. Neuberger Berman Group LLC
| Arthur Bekker |
| Neuberger Berman Group LLC, Neuberger Berman LLC, Neuberger Berman Trust Company, N.A., Marvin Schwartz, Neuberger Investment Committee and John/Jane 1-25 Doe(s) |
| 7:2016cv06123 |
| August 2, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Laura Taylor Swain |
| Employee Retirement Income Security Act of 1974 |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
151
CLERK'S JUDGMENT re: 149 Order on Motion to Approve in favor of Arthur Bekker against Neuberger Berman Group LLC 401(k) Plan Investment Committee, Neuberger Investment Committee. It is hereby ORDERED, ADJUDGED AND DECREED: That for the re asons stated in the Court's Order dated December 1, 2020, Approving Settlement of Class Action, there is no just reason to delay entry of final judgment with respect to the claims asserted in the Action. Accordingly, final judgment is entered and the case is closed. (see attached Order, ECF No. 149). (Signed by Clerk of Court Ruby Krajick on 12/2/2020) (Attachments: # 1 Right to Appeal) (km)
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Filing
150
ORDER GRANTING PLAINTIFF'S APPLICATION FOR ATTORNEYS' FEES, REIMBURMSENT OF EXPENSES AND NAMED PLAINITFF INCENTIVE AWARDS granting 135 Motion for Attorney Fees. After consideration of Counsel's Petition, the Court concludes that the requested attorneys' fees and cost reimbursements are fair and merited. Accordingly, it is ORDERED that the requested attorney' fee of $4,760,000 is APPROVED, and it is FURTHER ORDERED that the requested reimbursement of $41,083.58 in outstanding costs and case contribution award of $20,000 to Arthur Bekker are APPROVED. SO ORDERED.. (Signed by Judge Laura Taylor Swain on 12/01/2020) (ama)
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Filing
147
ORDER. The Court therefore directs Class Counsel to submit further affidavits or declarations in evidentiary form in support of the proposed findings of fact necessary for final approval of the settlement no later than December 1, 2020. The Court will reserve decision on the motion for final approval of the settlement until after the hearing and pending the filing of the submissions described above. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/18/20) (yv)
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Filing
138
ORDER terminating 106 Motion for Summary Judgment. As the Court has granted preliminary approval of the proposed settlement in this matter (Docket Entry No. 134), Plaintiff's motion for summary judgment (Docket Entry No. 106) is hereby terminated without prejudice, pending consideration of the proposed settlement. This Order resolves Docket Entry No. 106. (Signed by Judge Laura Taylor Swain on 9/30/2020) (cf)
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Filing
129
ORDER: granting 128 Letter Motion to Stay. The requested stay is granted. The parties shall file a joint status report on May 27, 2020, if no motion for preliminary approval has been filed by that date. DE #128 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/23/2020) (ama)
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Filing
99
MEMORANDUM OPINION AND ORDER: re: 82 MOTION for Leave to File First Amended Complaint Motion for Leave to File First Amended Complaint for Violations of the Employee Retirement Income Security Act (ERISA) filed by Arthur Bekker. For the foregoin g reasons, Plaintiff's motion to amend his Complaint is granted.This case remains referred to Magistrate Judge Moses for general pretrial management. The parties may commence discovery narrowly targeted to the issue of when Plaintiff had actual knowledge of the alleged ERISA violations that form the basis of his claims. Any disputes concerning the discovery should be directed to Judge Moses. This Memorandum Opinion and Order resolves Docket Entry No. 82. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/09/2019) (ama)
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Filing
76
MEMORANDUM OPINION AND ORDER: re: 20 MOTION to Dismiss the Class Action Complaint and For Summary Judgment filed by Neuberger Berman LLC, Neuberger Berman Group LLC, Neuberger Berman Trust Company, N.A., Marvin Schwartz, Neuberger Investment Com mittee, 31 MOTION (56 (d)) To Deny or Defer Ruling on Defendants' Motion for Summary Judgment until After Discovery re: 20 MOTION to Dismiss the Class Action Complaint and For Summary Judgment Plaintiff's Rule 56(d) Motion filed by Arthur Bekker. For the foregoing reasons, Defendants' motion to dismiss the Complaint is granted as to all Defendants with respect to Plaintiff's breach of fiduciary duty claim, Compl. subdivision VIII.a, and granted as to all Defendants other than the Investment Committee and its members with respect to Plaintiff's prohibited transaction claims, Compl. subdivision VIII.b. The Complaint is accordingly dismissed as to Neuberger Berman Group LLC, Neuberger Berman LLC, Neuberger Be rman Trust Company N.A., and Marvin Schwartz. The Clerk of Court is directed to amend the caption of this case accordingly. Plaintiff's motion for discovery pursuant to Federal Rule of Civil Procedure 56(d) with respect to his prohibited transac tion claim is granted to the extent that Plaintiff is permitted to conduct limited, targeted discovery of communications to him regarding his Plan investments and the fees charged in connection therewith. Defendants' motion for summary judgment is denied without prejudice to renewal after the completion of the discovery. This case is now referred for general pretrial management to Magistrate Judge Moses. Any disputes concerning the discovery should be directed to Judge Moses. This Memorandu m Opinion and Order resolves Docket Entry Nos. 20 and 31. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/27/2018). *** Party Neuberger Berman Trust Company, N.A., Marvin Schwartz, Neuberger Berman Group LLC and Neuberger Berman LLC terminated. *** Party John/Jane 1-25 Doe(s) terminated. (ama) Modified on 9/27/2018 (ama). Modified on 9/27/2018 (ama).
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