Cates et al v. The Trustees of Columbia University in the City of New York et al
| Chandra Cates and Kelly Stuart |
| The Trustees of Columbia University in the City of New York, Jeffrey Scott, Lucinda Durning, Louis Bellardine, William L. Innes, Barbara Hough and Diane L. Kenney |
| 1:2016cv06524 |
| August 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronald L. Ellis |
| Analisa Torres |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| Plaintiff |
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Filing
467
MEMORANDUM AND ORDER: It is ORDERED that: Class Counsel's Notice of Motion for Attorneys' Fees and Expenses and Case Contribution Awards for Class Representatives (ECF No. 446) is GRANTED. The Court awards Class Counsel attorneys' f ees of $4,333,333.33, to be paid from the settlement fund. The Court awards Class Counsel litigation expenses of $638,367.96, to be paid from the settlement fund. The Court awards case contribution awards of $25,000 each for Class Re presentatives Chandra Cates, Kelly Stuart, Harry L. Brown, Olga S. Carr, Phyllis E. Hulen, Dr. Saul Silverstein, and William S. Valentine, also to be paid from the settlement fund. IT IS SO ORDERED. (Signed by Judge George B. Daniels on 10/18/2021) (ama)
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Filing
465
FINAL APPROVAL ORDER AND JUDGMENT: Upon consideration of the Plaintiffs' Unopposed Motion for Final Approval of the Settlement of the above-referenced litigation under the terms of a Class Action Settlement Agreement dated May 21, 2021, (the "Settlement Agreement"), the Court hereby orders and adjudges as follows: For purposes of this Final Order and Judgment, capitalized terms used herein have the definitions set forth in the Settlement Agreement, which is incorporated herei n by reference. The Motion for Final Approval of the Settlement Agreement is hereby GRANTED, the Settlement of the Litigation is APPROVED as fair, reasonable, and adequate to the Plans and the Settlement Class, and the Settling Pai1ies are hereby directed to take the necessary steps to effectuate the terms of the Settlement Agreement. Within three (3) calendar days following the issuance of all settlement payments to Class Members, the Settlement Administrator shall prepare and provide to Class Counsel and Defense Counsel a list of each person who was issued a settlement payment and the amount of such payment. Upon entry of this Order, all Class Members shall be bound by the Settlement Agreement (including any amendments) and by thi s Final Order. (And as further set forth herein.) SO ORDERED. Motions terminated: 446 MOTION for Attorney Fees and Expenses and Case Contribution Awards for Class Representatives. filed by William S. Valentine, Kelly Stuart, Saul Si lverstein, Phyllis E. Hulen, Chandra Cates, Olga S. Carr, Harry L. Brown, 456 MOTION for Settlement (Unopposed) for Final Approval. filed by William S. Valentine, Kelly Stuart, Saul Silverstein, Phyllis E. Hulen, Chandra Cates, Olga S. Carr, Harry L. Brown. (Signed by Judge George B. Daniels on 10/13/2021) (jca)
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Filing
461
ORDER: Plaintiffs' class counsel is instructed to respond in writing to the class settlement objections of Sanja Zgonjanin, dated September 1, 2021, (ECF No. 451), by Friday, October 8, 2021. SO ORDERED. (Signed by Judge George B. Daniels on 10/04/2021) (ama)
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Filing
437
ORDER: In light of the parties' notice that the parties have reached a settlement in principle on all issues in this matter, all conferences and deadlines previously scheduled are adjourned sine die. The parties shall submit a proposed settlement agreement, certification, and preliminary approval papers or a status report within forty-five (45) days of this order. SO ORDERED. (Signed by Judge George B. Daniels on 4/8/2021) (jca)
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Filing
433
ORDER denying 428 Motion re: 428 MOTION For Ruling Under Rule 43 Regarding Witnesses Avoiding In-Person Testimony . Plaintiffs' request that the Court order Defendant to submit in camera the current and anticipated vac cination status of each witness seeking to avoid in-person testimony and the particular reasons that he or she would prefer not to attend or would be uncomfortable testifying in person, (ECF No. 428), is DENIED. The COVID-19 pandemic itself does no t alone constitute "good cause" or "compelling circumstances" to allow witnesses to testify remotely rather than personally in court. Fed. R. Civ. P. 43. All witnesses designated to testify at trial, who are within the subpoena power of this Court, must testify in-person unless the parties agree otherwise, or the Court finds good cause in compelling circumstances to permit a particular witness to testify by contemporaneous transmission from a different location. The Clerk of Court is directed to close the motion accordingly. SO ORDERED.. (Signed by Judge George B. Daniels on 4/1/2021) (ks)
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Filing
425
ORDER denying 387 Motion re: 387 MOTION for Leave to Submit Direct Testimony Via Affidavit or Declaration ., 389 MOTION in Limine to Exclude Douglas Chittenden and Carmen Rive., 392 MOTION in Limine to E xclude Parol Evidence Regarding Defendants' Authority to Map TIAA Annuities., 395 MOTION in Limine to Exclude Testimony from John Chalmers Related to Loss Causation and Objective Prudence., 416 MOTION in Limine to Pre clude the Supplemental Expert Report of Gerald Buetow. ; granting in part and denying in part 389 Motion in Limine; denying 392 Motion in Limine; denying without prejudice 395 Motion in Limine; denying without prejudice 416 Motion in Limine. For the reasons stated on the record during today's conference, the Court rules as follows on the parties' motions in limine: (1) Defendant's motion to submit the direct testimony of its witnesses by affidavit or declara tion is DENIED; (2) Plaintiff's motion to exclude certain testimony from Defendant's expert John Chalmers is DENIED without prejudice; (3) Plaintiff's motion to exclude the testimony of Douglass Chittenden, a TIAA representative, i s GRANTED. (4) Plaintiff's motion to exclude the testimony of Carmen Rive, a Vanguard representative (5) Plaintiff's motion to exclude evidence and testimony that the assets held in TIAA individual annuities are not transferrable or ma ppable by the Defendant to different investments is DENIED; and (6) Defendant's motion to exclude the Supplemental Expert Report of Plaintiff's Expert Gerald Buetow is DENIED without prejudice. The Clerk of Court is directed to close the motions at ECF Nos. 387, 389, 392, 395 and 416. SO ORDERED. (Signed by Judge George B. Daniels on 3/16/2021) (ks)
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Filing
423
MEMORANDUM DECISION AND ORDER denying 370 Motion for Reconsideration re 370 MOTION for Reconsideration re; 218 Order,,,,,,,, Granting Class Certification and Denying Motion to Dismiss. filed by The Trustees of Columbia University in the City of New York. Defendant's motion for reconsideration, (ECF No. 370), is DENIED. The Clerk of Court is directed to terminate the motion accordingly. SO ORDERED.. (Signed by Judge George B. Daniels on 3/15/2021) (ks)
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Filing
382
ORDER: All pretrial motions are due by January 12, 2021. Responses to any such motions are due by January 26, 2021. Reply, if any, is due by February 2, 2021. The joint pretrial order is due by February 9, 2021. The status conference scheduled to occ ur on March 16, 2021 at 9:45 a.m. is converted to a final pretrial conference. Trial is scheduled to begin on April 12, 2021 at 9:45 a.m. (Motions due by 1/12/2021. Responses due by 1/26/2021. Replies due by 2/2/2021. Pretrial Order due by 2/9/2021. Final Pretrial Conference set for 3/16/2021 at 09:45 AM before Judge George B. Daniels. Jury Trial set for 4/12/2021 at 09:45 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 10/29/2020) (jwh)
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Filing
376
ORDER: All counsel in the above-captioned case are directed to appear before this Court on March 16, 2021 at 9:45 a.m. for a status conference. (Status Conference set for 3/16/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 9/14/2020) (jwh)
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Filing
361
MEMORANDUM DECISION AND ORDER adopting 349 Report and Recommendations re: 254 Motion for Miscellaneous Relief, 251 Motion for Miscellaneous Relief, 260 Motion for Summary Judgment, 257 Motion for Miscellaneous Relief: Defendant' ;s objections are OVERRULED. Magistrate Judge Aaron's Report is ADOPTED. Defendant's motion for summary judgment, (ECF No. 260), is DENIED. Defendant's motions to exclude certain of Plaintiffs' experts, (ECF Nos. 251, 254, 257), are DENIED without prejudice. The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 3/30/2020) (jwh)
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Filing
250
OPINION AND ORDER re: 239 MOTION to Preclude Certain Damages Claims, filed by The Trustees of Columbia University in the City of New York, Columbia University. For the foregoing reasons, Defendants' motion to preclude certain damages claims (ECF No. 239) is DENIED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/1/2019) (kl)
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