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11-4003 - ASKEW v. R.L. REPPERT, INC. et al


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11-4003 - ASKEW v. R.L. REPPERT, INC. et al
September 28, 2012
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OPINION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/28/2012. 10/1/2012 ENTERED AND COPIES E-MAILED.(lbs, )
September 28, 2012
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ORDER THAT THE KISTLER TIFFANY MOTION TO DISMISS IS GRANTED, ETC. IT IS FURTHER ORDERED THAT THE CALPAC MOTION TO DISMISS IS GRANTED, ETC. IT IS FURTHER ORDERED THAT THIRD-PARTY PLAINTIFFS SHALL HAVE UNTIL OCTOBER 29, 2012 TO FILE AN AMENDED THIRD-PARTY COMPLAINT IN ACCORDANCE WITH THIS ORDER AND ACCOMPANYING OPINION.. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/28/2012. 10/1/2012 ENTERED AND COPIES E-MAILED.(lbs, )
February 5, 2016
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OPINION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/4/2016. 2/5/2016 ENTERED AND COPIES E-MAILED.(lbs, )
February 5, 2016
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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 COUNTY 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 ALLEGING 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 DEFENDANTS 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 FAILURE 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 BENEFITS, 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 FURTHER 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 BACON 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 THAT 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 ACTION 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, )
February 26, 2016
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OPINION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 2/26/16. 2/16/16 ENTERED AND COPIES E-MAILED.(er, )
February 26, 2016
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ORDER THAT 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, ) Modified on 2/29/2016 (tjd, ).
September 30, 2016
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MEMORANDUM OPINION. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/16. 9/30/16 ENTERED AND COPIES E-MAILED.(mas, )
September 30, 2016
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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 AS9 U.S.C. ยงยง 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, )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 2
November 1, 2016
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MEMORANDUM CONCERNING APPEALS. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 10/31/2016. 11/1/2016 ENTERED AND COPIES E-MAILED.(lbs, )