ASKEW v. R.L. REPPERT, INC. et al
| DERRICK ASKEW |
| R.L. REPPERT, INC., RICHARD L. REPPERT, TIMOTHY J. REPPERT, R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN, R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN), R.L. REPPERT, INC. MEDICAL PLAN and R.L. REPPERT, INC. HRA MEDICAL EXPENSE REIMBURSEMENT PLAN |
| 5:2011cv04003 |
| June 17, 2011 |
| U.S. District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Northampton |
| JAMES KNOLL GARDNER |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. § 1132 |
| None |
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Filing
210
ORDER THAT PLAINTIFF'S MOTION FOR ATTORNEY'S FEES AND COSTS, ECF NO. 206, IS DENIED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 7/20/20. 7/20/20 ENTERED AND COPIES E-MAILED.(er, )
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Filing
165
MEMORANDUM CONCERNING APPEALS. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/31/2016. 11/1/2016 ENTERED AND COPIES E-MAILED.(lbs, )
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Filing
161
ORDER THAT JUDGMENT IS GRANTED IN FAVOR OF DEFENDANTS R.L. REPPERT, INC.; RICHARD L. REPPERT; THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 40L(K) PLAN; AND THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN), AGAINST PLAINTIFF DERRICK AS KEW ON THAT PART OF COUNT ONE OF PLAINTIFF'S CLASS ACTION COMPLAINT ALLEGING THAT DEFENDANT R.L. REPPERT, INC. IMPROPERLY WITHHELD ANY OTHER CUSTODIAL AGREEMENTS {APART FROM ITS AGREEMENT WITH THE NATIONWIDE TRUST COMPANY, FSB) IN VIOLATION OF 29 U.S.C. §§ 1024 (B) (4), 1132 (C) (1); ETC. AS HEREIN. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/16. 9/30/16 ENTERED AND COPIES E-MAILED.(mas, )
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Filing
142
ORDERTHAT PLAINTIFF'S MOTION FOR RECONSIDERATION IS DENIED. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/26/16. 2/26/16 ENTERED AND COPIES E-MAILED.(er, )
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Filing
133
ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED REGARDING LIABILITY (BUT NOT DAMAGES) FOR THE PART OF CO UNTY ONE OF PLAINTIFF'S CLASS ACTION COMPLAINT ALLEGING DEFENDANT R.L. REPPERT, INC.'S FAILURE TO PROVIDE PLAN DOCUMENTS FOR THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN IN A TIMELY MANNER AND FOR THAT PART OF COUNT ONE ALLEG ING DEFENDANT R.L. REPPERT, INC.S FAILURE TO PRODUCE THE CUSTODIAL AGREEMENT WITH NATIONWIDE TRUST COMPANY, FSB.IT IS FURTHER ORDERED THAT PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT IS DENIED IN ALL OTHER RESPECTS.IT IS FURTHER ORDERED THAT DEFEN DANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART.IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED REGARDING THAT PART OF COUNT ONE OF PLAINTIFFS CLASS ACTION COMPLAINT ALLEGING R.L. REPPERT, INC.S FA ILURE TO PROVIDE PLAN DOCUMENTS FOR THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN) AND THAT PART OF COUNT ONE ALLEGING R.L. REPPERT, INC.S FAILURE TO PRODUCE TRUST AGREEMENTS, PERIODIC BENEFITS STATEMENTS, NOTICE OF VESTED DEFERRED BEN EFITS, DISCLOSURE OF FINANCIAL REPORTS, SECTION 404(C) DISCLOSURES, NOTICE OF QUALIFIED DEFAULT INVESTMENT, NOTICE OF AVAILABILITY OF INVESTMENT ADVICE AND DEPOSITORY DOCUMENTS FOR THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN. IT IS FU RTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED REGARDING THAT PART OF COUNT FOUR OF PLAINTIFFS CLASS ACTION COMPLAINT ALLEGING R.L. REPPERT, INC.S FAILURE TO CONDUCT AUDITS OF THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BA CON PLAN). IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED ON COUNTS TWO, THREE, FIVE AND SIX OF PLAINTIFFS CLASS ACTION COMPLAINT. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED REGARDING THA T PART OF COUNT ONE OF PLAINTIFFS CLASS ACTION COMPLAINT ALLEGING R.L. REPPERT, INC.S FAILURE TO PROVIDE PLAN DOCUMENTS FOR THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN IN A TIMELY MANNER AND THAT PART OF COUNT ONE OF PLAINTIFFS CLASS ACTION COMPLAINT ALLEGING R.L. REPPERT, INC.S FAILURE TO PROVIDE CUSTODIAL AGREEMENTS RELATING TO THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN. IT IS FURTHER ORDERED THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS DENIED REGARDING THAT PART OF COUNT FOUR OF PLAINTIFFS CLASS ACTION COMPLAINT ALLEGING R.L. REPPERT, INC.S FAILURE TO CONDUCT AUDITS OF THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN. IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS, R.L. REPPERT, INC., RICHARD L. REPPERT, THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN, AND THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN), AND AGAINST PLAINTIFF, DERRICK ASKEW, ON COUNTS ONE AND FOUR OF PLAINTIFFS CLASS ACTIO N COMPLAINT, WITH RESPECT TO THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN). IT IS FURTHER ORDERED THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS, R.L. REPPERT, INC., RICHARD L. REPPERT, THE R.L. REPPERT, INC. EMPLOYEES PROFIT SHARING 401(K) PLAN, AND THE R.L. REPPERT, INC. MONEY PURCHASE PLAN (DAVIS BACON PLAN), AND AGAINST PLAINTIFF, DERRICK ASKEW, ON COUNTS TWO, THREE, FIVE AND SIX OF PLAINTIFFS CLASS ACTION COMPLAINT.. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/4/2016. 2/5/2016 ENTERED AND COPIES E-MAILED.(lbs, )
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