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14-1494 - ACOSTA v. WPN CORPORATION ET AL


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14-1494 - ACOSTA v. WPN CORPORATION ET AL
November 9, 2016
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MEMORANDUM ORDER indicating that, for the reasons more fully stated within, Defendants Michael DiClemente, Dennis Halpin, and Severstal Wheeling, Inc. Retirement Committee's Motion to Compel 116 shall be granted to the extent that Defendants Michael DiClemente and Dennis Halpin, their underwriter, if any, and their counsel of record, are permitted to view the contents of the Agreement; that the Motion shall be denied to the extent Defendants may wish to disseminate the Agreement beyond Michael DiClemente and Dennis Halpin, their underwriter, if any, and their counsel of record; the Agreement shall not be filed on the docket and shall not be disclosed to anyone other than Michael DiClemente and Dennis Halpin, their underwriter, if any, and their counsel of record, or be used for any purpose other than the present litigation, without leave of this Court. Signed by Judge Nora Barry Fischer on 11/9/16. (jg)
June 7, 2017
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. Signed by Judge Nora Barry Fischer on 6/7/17. (jg)MEMORANDUM OPINION indicating that, for reasons more fully stated within, the Court finds that the Third Amendment to the Severstal Wheeling, Inc. Investment Management Agreement is effective as of 11/1/2008. Accordingly, Defendants' Motion to Dismiss 124 will be granted as to Plaintiff's failure to invest claim. Plaintiffs will be permitted leave to amend the Amended Complaint consistent with this Opinion. Defendants' Motion to Dismiss 124 will be granted as to Plaintiff's co-fiduciary liability claim. Defendants' Motion to Dismiss 124 will be denied as to Plaintiff's failure to monitor claim. Defendants' alternative Motion for Summary Judgment is denied. An appropriate Order will be entered
August 3, 2018
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MEMORANDUM OPINION indicating that, for reasons stated within, Defendants' Motion to Disqualify Plaintiff;s Expert Witness, Dr. Susan Mangiero 166 is denied; An appropriate Order follows. Signed by Judge Nora Barry Fischer on 8/3/18. (jg)