Cunningham v. Cornell University et al
| Casey Cunningham |
| Cornell University and The Retirement Plan Oversight Committee |
| 1:2016cv06525 |
| August 17, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Tompkins |
| P. Kevin Castel |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
458
ORDER: denying 457 Letter Motion for Extension of Time to File. Application DENIED. The filing of a certiorari petition is not a reason to forgo the taxation of costs, recognizing that subsequent events could cause the need for a further revision of the taxed costs. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/29/2024) (ama)
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Filing
441
FINAL APPROVAL ORDER AND JUDGMENT: Having reviewed the Settlement Agreement and the accompanying and supporting papers, it is ORDERED as follows: The Court confirms that the Class certified for settlement purposes only under Fed. R. Civ. P. 23(b)(1) is appropriate. The Court confirms the appointment of Plaintiff Casey Cunningham as the Representative for the settlement sub-class. Pursuant to Fed. R. Civ. P. 23(e), the Court hereby approves and confirms the Settlement Agreement and the terms ther ein as being a fair, reasonable, and adequate settlement and compromise of the claims asserted in the Class Action, based on the following findings of fact, conclusions of law, and determination of mixed fact/law questions: a. The Settlement Agreemen t resulted from arm's-length negotiations by experienced and competent counsel; b. The Settlement Agreement was negotiated only after the Settling Parties engaged in extensive litigation and discovery, and on the eve of trial, and Class Counsel has received extensive and pertinent information and documents from the Cornell Defendants; c. The Settling Parties were well positioned to evaluate the value of the Class Action; d. If the Settlement Agreement had not been achieved, both Plaintiffs and the Cornell Defendants faced the expense, risk, and uncertainty of extended litigation; e. The amount of the Settlement - $225,000 - is fair, reasonable and adequate, and as further set forth in this judgment. The Motion for Final Approval o f the Settlement Agreement is hereby GRANTED, the settlement of the Action is APPROVED as fair, reasonable and adequate to the Plans and the Class, and the Settling Parties are hereby directed to take the necessary steps to effectuate the terms of th e Settlement Agreement. The Court awards Class Counsel Attorneys' Fees and Costs in the amount of $88,017.25, to be paid from the Gross Settlement Amount. The Court awards the Class Representative $1,000 as Class Representative Compen sation, to be paid from the Gross Settlement Amount. The Court finds that it has subject matter jurisdiction over the claims herein and personal jurisdiction over the Cornell Defendants, the Plans and the Class Members pursuant to the provisions of E RISA, and expressly retains that jurisdiction for purposes of enforcing this Final Approval Order and/or the Settlement Agreement. Any motion to enforce this Final Approval Order or the Settlement Agreement, including by way of injunction, shall be f iled in this Court, and the provisions of the Settlement Agreement and/or this Final Approval Order may be asserted by way of an affirmative defense or counterclaim in response to any action that is asserted to violate the Settlement Agreement. (Signed by Judge P. Kevin Castel on 12/22/2020) (jwh)
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Filing
435
ORDER: The Standing Order of Chief Judge McMahon dated November 30, 2020 is suspending all in-person proceedings until after January 15, 2021. The Fairness Hearing scheduled for December 22, 2020 will proceed telephonically. The conference will comme nce at 2 p.m. The dial-in information is as follows: Phone Number: 888-363-4749 Access Code: 3667981 Members of the press and public may access this proceeding with the same information but will not be permitted to speak. (Telephone Conference set for 12/22/2020 at 02:00 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 12/2/2020) (jwh)
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Filing
417
ORDER: The conference previously scheduled for 11:00am on September 1, 2020 will be held at 2:00pm on September 1, 2020, utilizing the same call-in information. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/31/2020) ( Telephone Conference set for 9/1/2020 at 02:00 PM before Judge P. Kevin Castel.) (ks)
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Filing
413
ORDER: The trial of this action will commence on September 29, 2020 at 10:00 a.m. The Court will conduct a conference with counsel to go over jury selection and trial procedures on September 22, 2020 at 3:30 p.m. (Jury Trial set for 9/29/2020 at 10:00 AM before Judge P. Kevin Castel. Status Conference set for 9/22/2020 at 03:30 PM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 8/24/2020) (jwh)
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Filing
412
ORDER: As the parties are aware, jury trials in this District have been suspended. It is anticipated that they may resume as early as late September or early October. While, generally, criminal trials will have priority, the Court may resume tria ls with at least one short civil trial. I have proposed this case for an early trial. Whether a trial will be set in late September or early October is not within this judge's sole control, but it is appropriate that the parties be aware that this may occur so they can plan accordingly. The Court will notify the parties if a trial date is set as soon as the information becomes available. (Signed by Judge Lorna G. Schofield on 8/14/2020) (cf)
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Filing
411
ORDER: In ways that should be self-evident, the Covid-19 pandemic will affect civil jury trials in this District for a considerable and presently unknowable time to come. When trials do resume, priority will be given to criminal cases with detained d efendants. Within 21 days, the parties are directed to confer telephonically on the following subjects and report back to the Court via fax to Chambers: (a) waiver of trial by jury; (b) consent to trial before Magistrate Judge James L. Cott; and ( c) settlement. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/20/2020) (ama)
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Filing
405
ORDER: The following situation has arisen regarding the trial schedule in this matter. The Court had scheduled United States v. Vance Collins and Ramon Ramirez, 1: l 9-cr-395, for trial beginning on April 6, 2020. In order to protect public health, and in recognition of the national emergency declared by the President of the United States on March 13, 2020, the Court has moved the Collins and Ramirez trial to May 4, 2020. Trial in the above-captioned matter is now the first back-up trial to Collins and Ramirez on May 4, 2020 at 10:00am. The Court will apprise the parties of further developments. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/16/2020) (kv)
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Filing
404
OPINION AND ORDER re: 386 MOTION for Reconsideration re; 352 Memorandum & Opinion: For these reasons, plaintiffs' motion for reconsideration is DENIED. The Clerk is directed to terminate the motion (Doc 386). (Signed by Judge P. Kevin Castel on 3/11/2020) (jwh)
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Filing
392
MEMO ENDORSEMENT with respect to 386 Motion for Reconsideration. ENDORSEMENT: Defendants' time to respond is extended to January 14 and plaintiff's reply to January 24. (Signed by Judge P. Kevin Castel on 12/19/2019) (jwh)
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Filing
376
ORDER re: 365 Order on Motion in Limine: There is an error in the Court's handwritten Order of November 8, 2019. "Letter motion (Doc 362) is DENIED" should read "Letter motion (Doc 365) is DENIED." The existence of an err or should have been apparent to Messrs. Schlichter and Netter for the simple reason that Doc 362 is not a Letter Motion. The import of the Court's November 8 Order is very simple: the Court is not striking the referenced exhibit (Doc 361, Ex.2) from the docket and the parties are free to make their arguments in their briefing. Defendant's should file their response to Plaintiffs' Motion to Exclude Defendants' Expert Glenn Poehler and Motion In Limine to Preclude Defendants From Offering an Offset Calculation al Trial by December 10, 2019. (Signed by Judge P. Kevin Castel on 12/2/2019) (jwh)
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Filing
365
MEMO ENDORSEMENT denying 362 Motion in Limine. ENDORSEMENT: The Exhibit (Doc 361, Ex 2) will stand. Plaintiff is free to make any appropriate argument in their response to the motion in limine. Letter motion (Doc 362) is DENIED. SO ORDERED. (Signed by Judge P. Kevin Castel on 11/8/2019) (va)
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Filing
352
OPINION AND ORDER re: 225 MOTION in Limine Cornell Defendants' Notice of Motion to Exclude Plaintiffs' Expert Wendy Dominguez and Gerald Buetow. filed by Cornell University, 278 LETTER MOTION for Discovery addressed to Magistrate Judge James L. Cott from Joel D. Rohlf dated February 20, 2019. filed by Stanley T. Marcus, Casey Cunningham, Joy Veronneau, Lydia Pettis, Charles E. Lance, 221 MOTION for Summary Judgment . filed by CapFin ancial Partners, LLC, 231 MOTION for Summary Judgment . filed by Cornell University, The Retirement Plan Oversight Committee, Mary G. Opperman, 228 MOTION to Exclude Plaintiffs' Expert Ty Minnich and Al Otto . filed by Cornell University. For the reasons explained, Cornell Defendants' motion to exclude the expert testimony of Otto and Minnich is GRANTED in part, the motions to exclude the expert testimony of Buetow, Dominguez, and Matheson are DENI ED, and the motion for summary judgment is GRANTED for all counts except for Count V insofar as it alleges imprudent retention of TIAA-CREF Lifecycle target date funds. CAPTRUST's motion for summary judgment is GRANTED. The Clerk is respectfully directed to te1minate the motions (Docs 221, 225, 228, 278, 233.) An order addressing the parties' requests to seal parts of the summary judgment record will follow. (Signed by Judge P. Kevin Castel on 9/27/2019) (rro)
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Filing
219
OPINION AND ORDER: Plaintiffs motion for class certification is GRANTED (Doc 151.) The Court certifies the following class: All participants and beneficiaries of the Cornell University Retirement Plan for the Employees of the Endowed Colleges at It haca and the Cornell University Tax Deferred Annuity Plan from August 17, 2010, through August 17, 2016, excluding the Defendants and any participant who is a fiduciary to the Plans. The Clerk is directed to terminate the motion (Doc 151.) The law firm of Schlichter Bogard & Denton LLP is appointed to act as class counsel. Within 21 days, class counsel shall submit a proposed form of notice to class members and a proposed plan for distributing the notice. SO ORDERED. (Signed by Judge P. Kevin Castel on 1/22/2019) (jca)
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Filing
204
OPINION AND ORDER: Letter motion for certification under section 1292(b) of title 28 (Doc 200) is DENIED. (Signed by Judge P. Kevin Castel on 10/11/2018) (jwh)
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Filing
198
OPINION AND ORDER re: 137 MOTION to Strike Plaintiffs' Jury Demand filed by Cornell University, The Retirement Plan Oversight Committee, Mary G. Opperman. The motion to strike the jury demand (Dkt. 137) as to all claims by beneficiaries against fiduciaries to personally make good to the Plans all losses to the Plans resulting from each breach of fiduciary duty is DENIED. It is otherwise GRANTED. (Signed by Judge P. Kevin Castel on 9/6/2018) (mro)
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Filing
107
MEMORANDUM AND ORDER granting in part and denying in part 71 Motion to Dismiss; granting in part and denying in part 75 Motion to Dismiss. Defendants' motions to dismiss (Dkts. 71, 75, 76) are GRANTED in part and DENIED in part. Counts I, II, IV and VI are DISMISSED in their entirety as to all defendants. Count III is DISMISSED as to CAPTRUST. Counts III, V and VII are DISMISSED in part as discussed above. (Signed by Judge P. Kevin Castel on 9/29/2017) (cf)
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