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05-1153 - Sunder et al v. U.S. Bancorp Pension Plan et al


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05-1153 - Sunder et al v. U.S. Bancorp Pension Plan et al
February 16, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants U.S. Bancorp Pension Plan, Mercantile Bank Horizon 401(k) Investment & Savings Plan, and Mercantile Bank Cash Balance Retirement Plan's Motion for Summary Judgment [doc. #18] is GRANTED in full, as to those named Defendants. IT IS FURTHER ORDERED that Defendant U.S. Bank Pension Plan's Motion for Summary Judgment [doc. #18] is GRANTED in part and DENIED in part. Defendant's Motion is GRANTED as to Count I, GRANTED as to Count II's allegation of a violation of 29U.S.C. 1054(g), and GRANTED as to Count III. Defendant's Motion is DENIED as to the alleged violation of ERISA in calculating the lump-sum payout in Count II. Signed by Judge E. Richard Webber on 2/16/2007. (JMW)
September 24, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs Sunder and Jarodsky are entitled to Judgment against Defendant U.S. Bank Pension Plan. Defendant U.S. Bank Pension Plan will re-compute Plaintiffs' Opening Balances using the 30 year treasury rate at the date of conversion. IT IS FURTHER ORDERED that Defendant U.S. Bank Pension Plan will pay Plaintiffs the difference between the original computation, and the new computation performed using the statutory interest rate, and interest on such sum from the date of conversion, January 1, 1999, until the date of this Judgment. IT IS FURTHER ORDERED that Defendant will provide the Court with a copy of all computations for this Court's approval, no later than 30 days from the date of this judgment. Response to Court due by 10/24/2007. Signed by Judge E. Richard Webber on 9/24/07. (BAK, )
October 30, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendant's Motion for Reconsideration 50 is DENIED. IT IS FURTHER ORDERED that Defendant shall file with this Court, for this Court's approval, a copy of the computations ordered in this Court's 9/24/07 order, no later than 11/9/07. Response to Court due by 11/9/2007. Signed by Judge E. Richard Webber on 10/30/07. (BAK, )
December 6, 2007
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff's Motion to Amend the Judgment and for Limited Discovery 67 is GRANTED in part and DENIED in part. The Court's 9/24/07 order is amended in so far as it reads that the date of conversion was 1/1/99. The order now reads: from the date of conversion, January 1, 1998, until the date of judgment. It is further amended to apply the interest rates set forth above. Plaintiffs' Motion is denied with respect to their request for limited discovery. IT IS FURTHER ORDERED that Defendant shall recalculate the damages from 1/1/1998, using the interest rates set forth above, and submit their calculation to the Court within 15 days. Plaintiffs will have 5 days to file any objections to Defendant's amended calculation. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to Submit Reply to Defendant's Sur-Reply 73 is DENIED.. Signed by Honorable E. Richard Webber on 12/6/07. (BAK)
April 1, 2008
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Webber on 4/1/08. (RJD)MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that Defendant shall pay damages to Plaintiff Jarodsky in the amount of $50,353.89 plus pre-judgment interest at the rate of 5.95%, for the period from November 1, 2000 to September 24, 2007. IT IS FURTHER ORDERED that Defendant shall pay damages to Plaintiff Sunder in the amount of $69,769.57 plus pre-judgment interest at the rate of 5.95%, for the period from November 1, 2000 to September 24, 2007. Signed by Honorable E. Richard
July 30, 2008
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MEMORANDUM AND ORDER. ORDERED that Plaintiff's Motion for an Award of Attorney's Fees, Expenses and Costs 82 is GRANTED in part and DENIED in part. Defendant shall pay Plaintiffs' costs in the amount of $1,719.40 and attorney's fees in the amount of $32,645.83. Signed by Honorable E. Richard Webber on 7/30/08. (KLH)