Case: In re J.P. Morgan Chase Cash Balance Litigation

1:06-cv-00732 | U.S. District Court for the Southern District of New York

Filed Date: Jan. 31, 2006

Closed Date: July 15, 2010

Clearinghouse coding complete

Case Summary

On January 31, 2006 a group of participants in J.P. Morgan Chase's Retirement Plan filed suit under the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. § 1001 et seq, in United Stated District Court of the Southern District of New York. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief alleging that the defendant used cash balance formulas in a discriminatory manner based on age and for other viola…

On January 31, 2006 a group of participants in J.P. Morgan Chase's Retirement Plan filed suit under the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. § 1001 et seq, in United Stated District Court of the Southern District of New York. The plaintiffs, represented by private counsel, asked the Court for declaratory, injunctive and compensatory relief alleging that the defendant used cash balance formulas in a discriminatory manner based on age and for other violations of ERISA. Specifically, the plaintiffs contended that the defendant's cash balance plan helps their corporation save money and the older workers shoulder the burden; thus such a practice is discriminatory as it systemically harms a particular group. (Consolidated class-action complaint, page 1).

On October 30, 2006, the Court (Judge Baer) granted in part the defendants' motion to dismiss. The Court distinguished cash balance and "regular" pension plans. The major difference is the flexibility between the plans. A cash balance system allows the participant to take a lump sum after five years in the program. In re J.P. Morgan Chase Cash Balance Litigation, 460 F.Supp.2d 482 (S.D.N.Y. 2006). This type of information is valuable to know as a participant in the plan, but this points to another problem with JP Morgan's version: there was not good publicity for these changes. In fact, counts IV-VI of the complaint alleged that failure to provide notice. In re J.P. Morgan Chase Cash Balance Litigation, 460 F.Supp.2d 480 (S.D.N.Y. 2006). The Court did not dismiss those parts of the complaint, nor the parts about age discrimination. Thus, the plaintiffs continued to press in Court for class certification.

On May 30, 2007, the Court (Judge Baer) certified a class. The class was comprised of all plan participants, whether active, inactive or retired, their beneficiaries and Estates, whose accrued benefits or pension benefits are based in whole or in part on the Plan's cash balance formulas, from January 1, 2002 to present. In re J.P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 270 (S.D.N.Y. 2007). In essence, the class claim said more about what the plaintiffs failed to do, than what they did. The age discriminations through ERISA was being reviewed by a higher court, and the notices part of the complaint could only be certified from 2002 onwards. This according to the Court was a result of JP Morgan being such a large company; It was the factual diversity of the notice claims that posed an insurmountable hurdle to class certification of the notice claims. In re J.P. Morgan Chase Cash Balance Litigation, 242 F.R.D. 274 (S.D.N.Y. 2007).

On July 31, 2007, the Court (Judge Baer) denied the plaintiffs motion to reconsider. Not only was the motion denied, but the opinion was written in a clearly frustrated tone. In the opinion, the Court accused the class counsel of not knowing the difference between confusion and hardship. In re J.P. Morgan Chase Cash Balance Litigation, 2177019 WL 3 (S.D.N.Y. 2007). And at the end of the opinion, the Court States, that "the Clerk of the Court is instructed to close this motion and remove it from my docket." In re J.P. Morgan Chase Cash Balance Litigation, 2177019 WL 3 (S.D.N.Y. 2007). Thus, not only is the litigation going poorly for the plaintiffs, but they are getting on the wrong side of the Court.

In light of this, on January 30, 2009, the parties entered into a Stipulation for Voluntary Dismissal of Certified Claims, according to which the Certified Claims would be dismissed with prejudice, and each party should bear its own costs and fees.

On October 19, 2009, the Court (Judge Cote) approved the parties' motion to dismiss the certified claims.

On July 15, 2010, the Court (Judge Cote) approved the parties' Settlement Agreement, according to which the plaintiffs' counsel was awarded $600,000 as reimbursement of costs and expenses.

Summary Authors

Kunyi Zhang (9/9/2010)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4329057/parties/wilson-v-jp-morgan-chase-retirement-plan/


Judge(s)

Baer, Harold Jr. (New York)

Cote, Denise (New York)

Eaton, Douglas F. (New York)

Fox, Kevin N. (New York)

Attorney for Plaintiff

Ciolko, Edward W. (Pennsylvania)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:06-cv-00732

1:06-cv-03300

1:06-cv-01249

1:06-cv-03031

1:07-cv-07379

1:06-cv-48184

Docket

In Re J.P. Morgan Chase Cash Balance Litigation

July 16, 2010

July 16, 2010

Docket
22

1:06-cv-00732

Consolidated class-action complaint

In Re J.P. Morgan Chase Cash Balance Litigation

May 25, 2006

May 25, 2006

Complaint
62

1:06-cv-00732

Order granting in part defendant's motion to dismiss

In Re J.P. Morgan Chase Cash Balance Litigation

Oct. 30, 2006

Oct. 30, 2006

Order/Opinion

460 F.Supp.2d 460

1:06-cv-00732

Order denying plaintiffs motion to compel

In Re J.P. Morgan Chase Cash Balance Litigation

May 21, 2007

May 21, 2007

Order/Opinion

2007 WL 2007

98

1:06-cv-00732

Order granting class certification

In Re J.P. Morgan Chase Cash Balance Litigation

May 30, 2007

May 30, 2007

Order/Opinion

242 F.R.D. 242

107

1:06-cv-00732

Order denying motion for reconsideration and certification

In Re J.P. Morgan Chase Cash Balance Litigation

July 31, 2007

July 31, 2007

Order/Opinion

2007 WL 2007

146

1:06-cv-00732

Preliminary Order Related to Dismissl Proceedings

Feb. 2, 2009

Feb. 2, 2009

Order/Opinion
221

1:06-cv-00732

Order (Granting voluntary dismissal)

Oct. 19, 2009

Oct. 19, 2009

Order/Opinion
228

1:06-cv-00732

Order Granting Preliminary Approval of Class Action Settlement

March 3, 2010

March 3, 2010

Order/Opinion
241

1:06-cv-00732

Final Judgment

July 15, 2010

July 15, 2010

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4329057/wilson-v-jp-morgan-chase-retirement-plan/

Last updated Jan. 27, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Jan. 31, 2006

Jan. 31, 2006

RECAP
2

Affidavit of Service Complaints

Feb. 10, 2006

Feb. 10, 2006

PACER
3

Stipulation and Order

Feb. 28, 2006

Feb. 28, 2006

PACER
4

Motion to Consolidate Cases

March 13, 2006

March 13, 2006

PACER
5

Memorandum of Law in Support of Motion

2 Exhibit A

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3 Exhibit B

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March 13, 2006

March 13, 2006

PACER
6

Declaration in Support of Motion

2 Text of Proposed Pretrial Order No. 1

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3 Certificate of Service

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March 13, 2006

March 13, 2006

PACER
7

Memorandum of Law in Support of Motion

2 Exhibit A

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3 Exhibit B

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4 Certificate of Service

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March 16, 2006

March 16, 2006

PACER
8

Motion to Consolidate Cases

2 Text of Proposed Order

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March 24, 2006

March 24, 2006

PACER
9

Memorandum of Law in Support of Motion

March 24, 2006

March 24, 2006

PACER
10

Affidavit in Support of Motion

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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March 24, 2006

March 24, 2006

PACER
11

Affidavit of Service Other

March 24, 2006

March 24, 2006

PACER
12

Stipulation and Order

April 5, 2006

April 5, 2006

PACER
13

Rule 7.1 Corporate Disclosure Statement

2 Certificate of Service

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April 13, 2006

April 13, 2006

PACER
14

Endorsed Letter

May 5, 2006

May 5, 2006

PACER
15

Notice (Other)

May 8, 2006

May 8, 2006

PACER
16

Memorandum of Law in Support

May 8, 2006

May 8, 2006

PACER
17

Affidavit in Support

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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May 8, 2006

May 8, 2006

PACER
18

Memorandum of Law in Support

May 8, 2006

May 8, 2006

PACER
19

Certificate of Service Other

May 9, 2006

May 9, 2006

PACER
20

Response

May 22, 2006

May 22, 2006

PACER
21

Certificate of Service Other

May 25, 2006

May 25, 2006

PACER
22

Complaint

May 25, 2006

May 25, 2006

PACER
23

Reply Memorandum of Law

May 30, 2006

May 30, 2006

PACER
24

Certificate of Service Other

May 30, 2006

May 30, 2006

PACER
25

Notice of Appearance

June 1, 2006

June 1, 2006

PACER
26

Notice of Appearance

June 1, 2006

June 1, 2006

PACER
27

Notice of Appearance

June 1, 2006

June 1, 2006

PACER
28

Notice of Appearance

June 2, 2006

June 2, 2006

PACER
29

Motion to Appear Pro Hac Vice

June 2, 2006

June 2, 2006

PACER
30

Order on Motion to Appear Pro Hac Vice

June 13, 2006

June 13, 2006

PACER
31

Motion to Appear Pro Hac Vice

June 14, 2006

June 14, 2006

PACER
32

Order on Motion to Appear Pro Hac Vice

June 15, 2006

June 15, 2006

PACER
33

Certificate of Service Other

June 23, 2006

June 23, 2006

PACER
34

Amended Complaint

2 exhibits

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June 26, 2006

June 26, 2006

PACER
35

Motion to Dismiss

2 Certificate of Service

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June 26, 2006

June 26, 2006

PACER
36

Memorandum of Law in Support of Motion

2 Appendix A

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3 Certificate of Service

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June 26, 2006

June 26, 2006

PACER
37

Affidavit in Support of Motion

2 Exhibit A (Part 1)

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3 Exhibit A (Part 2) - Exhibit K (Part 1)

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4 Exhibit K (Part 2) - Exhibit L (Part 1)

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5 Exhibit L (Part 2) - Exhibit M (Part 1)

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6 Exhibit M (Part 2) - Exhibit O (Part 1)

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7 Exhibit O (Part 2)

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8 Certificate of Service

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June 26, 2006

June 26, 2006

PACER
38

Response in Opposition to Motion

2 Appendix Appendix of Unreported Authorities

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July 20, 2006

July 20, 2006

PACER
39

Declaration in Opposition to Motion

2 Exhibit 1-Zelinsky Article 2000

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3 Exhibit 2-AARP Amicus Brief-Register v. PNC

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4 Exhibit 3-AARP Amicus Brief Cooper v. IBM

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5 Exhibit 4-Langbein excerpt

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6 Exhibit 5-Wall Street Journal Article 1998

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7 Exhibit 6-Wall Street Journal Article 99

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8 Exhibit 7-GOA Report

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9 Exhibit 8-H.R. Conf. Report

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10 Exhibit 9-Zelinsky article 2001

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July 20, 2006

July 20, 2006

PACER
40

Scheduling Order

July 31, 2006

July 31, 2006

PACER
41

Pretrial Order

July 31, 2006

July 31, 2006

PACER
42

Reply Memorandum of Law in Support of Motion

Aug. 3, 2006

Aug. 3, 2006

PACER
43

Endorsed Letter

Aug. 8, 2006

Aug. 8, 2006

PACER
44

Motion to Certify Class

2 Plaintiffs' Memorandum In Support Of Motion For Class Certification

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3 Affidavit of Peter S. Linden

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4 Exhibit A

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5 Exhibit B

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6 Exhibit C

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7 Exhibit D

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8 Exhibit E

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9 Exhibit F

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10 Certificate of Service

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Aug. 10, 2006

Aug. 10, 2006

PACER
45

Motion to Certify Class

Aug. 11, 2006

Aug. 11, 2006

PACER
46

Memorandum of Law in Support of Motion

Aug. 11, 2006

Aug. 11, 2006

PACER
47

Affidavit in Support of Motion

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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Aug. 11, 2006

Aug. 11, 2006

PACER
48

Certificate of Service Other

Aug. 11, 2006

Aug. 11, 2006

PACER
49

Memorandum of Law in Support of Motion

2 Certificate of Service

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Aug. 18, 2006

Aug. 18, 2006

PACER
50

Memorandum of Law in Opposition to Motion

Aug. 18, 2006

Aug. 18, 2006

PACER
51

Affidavit in Opposition to Motion

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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Aug. 18, 2006

Aug. 18, 2006

PACER
52

Certificate of Service Other

Aug. 18, 2006

Aug. 18, 2006

PACER
53

Notice (Other)

2 Exhibit 1

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Sept. 7, 2006

Sept. 7, 2006

PACER
54

Transcript

Sept. 8, 2006

Sept. 8, 2006

PACER
55

Response in Support of Motion

2 Exhibit A

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3 Exhibit B

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Sept. 13, 2006

Sept. 13, 2006

PACER
56

Notice (Other)

Oct. 5, 2006

Oct. 5, 2006

PACER
57

Response in Support of Motion

2 Exhibit A

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3 Exhibit B

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4 Certificate of Service

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Oct. 11, 2006

Oct. 11, 2006

PACER
58

Response in Opposition to Motion

Oct. 16, 2006

Oct. 16, 2006

PACER
59

Notice (Other)

Oct. 19, 2006

Oct. 19, 2006

PACER
60

Affidavit in Opposition to Motion

2 Exhibits A-E

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3 Certificate of Service

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Oct. 20, 2006

Oct. 20, 2006

PACER
61

Memorandum of Law in Opposition to Motion

2 Appendices A-C

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3 Certificate of Service

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Oct. 20, 2006

Oct. 20, 2006

PACER
62

MEMORANDUM AND OPINION # 93876: that for the reasons set forth in this opinion, this motion to dismiss is granted in part and denied in part. the motion to dismiss is denied with respect to Count I, the age discrimination claim, and Counts IV-VI the notice claims, but Counts II and III are dismissed. The clerk of the court is instructed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 10/30/06) (dle, ) Modified on 10/31/2006 (rw, ).

Oct. 30, 2006

Oct. 30, 2006

RECAP
63

Motion for Certificate of Appealability

2 Exhibit Certificate of Service

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Nov. 1, 2006

Nov. 1, 2006

PACER
64

Memorandum of Law in Support of Motion

2 Exhibit A to Memorandum of Law

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Nov. 1, 2006

Nov. 1, 2006

PACER
65

Memorandum of Law in Opposition to Motion

2 Certificate of Service

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Nov. 10, 2006

Nov. 10, 2006

PACER
66

Endorsed Letter

Nov. 13, 2006

Nov. 13, 2006

PACER
67

Motion to Strike

Nov. 13, 2006

Nov. 13, 2006

PACER
68

Motion to Strike

Nov. 13, 2006

Nov. 13, 2006

PACER
69

Reply Memorandum of Law in Support of Motion

Nov. 13, 2006

Nov. 13, 2006

PACER
70

Reply Memorandum of Law in Support of Motion

Nov. 13, 2006

Nov. 13, 2006

PACER
71

Reply Affidavit in Support of Motion

Nov. 13, 2006

Nov. 13, 2006

PACER
72

Reply Memorandum of Law in Oppisition to Motion

2 Certificate of Service

View on PACER

Nov. 17, 2006

Nov. 17, 2006

PACER
73

Protective Order

Nov. 20, 2006

Nov. 20, 2006

PACER
74

Reply Memorandum of Law in Support of Motion

2 Text of Proposed Order Proposed Order

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Nov. 20, 2006

Nov. 20, 2006

PACER
75

Endorsed Letter

Nov. 27, 2006

Nov. 27, 2006

PACER
76

Answer to Amended Complaint

Dec. 12, 2006

Dec. 12, 2006

PACER
77

Notice (Other)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D - Part 1

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6 Exhibit D - Part 2 of 2

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7 Exhibit E - Part 1 of 2

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8 Exhibit E - Part 2 of 2

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9 Exhibit F

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10 Exhibit G

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11 Exhibit H

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Dec. 28, 2006

Dec. 28, 2006

PACER
78

Notice (Other)

2 Exhibit A

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3 TAB 1

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4 TAB 2

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5 TAB 3

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6 TAB 4

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7 TABS 5 AND 6

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Dec. 29, 2006

Dec. 29, 2006

PACER
80

Transcript

Jan. 9, 2007

Jan. 9, 2007

PACER
81

Affidavit in Opposition to Motion

March 16, 2007

March 16, 2007

PACER
82

Affidavit in Opposition to Motion

2 Exhibit C- Part 2

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3 Exhibit C- Part 3

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4 Exhibit C- Part 4

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5 Exhibit C- Part 5

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6 Exhibit C- Part 6

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7 Exhibit C- Part 7

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8 Errata C- Part 8

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9 Exhibit D- Part 1

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10 Exhibit D- Part 2

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11 Exhibit E-Part1

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12 Exhibit E-Part 2

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13 Exhibit E-Part 3

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14 Exhibit E-Part 4

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March 16, 2007

March 16, 2007

PACER
83

Affidavit in Opposition to Motion

2 Exhibit F- Part 2

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3 Exhibit F- Part 3

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4 Exhibit F- Part 4

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5 Exhibit G- Par1

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6 Exhibit G- Part 2

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7 Exhibit G- Part 3

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8 Exhibit G- Part 4

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9 Exhibit H

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10 Exhibit I- Part 1

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11 Exhibit I- Part 2

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12 Exhibit I- Part 3

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13 Exhibit I- Part 4

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14 Exhibit I- Part 5

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15 Exhibit I- Part 6

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March 16, 2007

March 16, 2007

PACER
84

Affidavit in Opposition to Motion

2 Exhibit K

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3 Exhibit L- Part 1

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4 Exhibit L- Part 2

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5 Exhibit M- Part 1

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6 Exhibit M- Part 2

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7 Exhibit N

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8 Exhibit N

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9 Certificate of Service

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March 16, 2007

March 16, 2007

PACER
85

Memorandum of Law in Opposition to Motion

March 16, 2007

March 16, 2007

PACER
86

Memorandum of Law in Support of Motion

2 Appendix 1

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3 Appendix 2

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4 Text of Proposed Order

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March 16, 2007

March 16, 2007

PACER
87

Declaration in Support of Motion

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Errata 15

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17 Exhibit 16

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March 16, 2007

March 16, 2007

PACER
88

Order Referring Case to Magistrate Judge

March 23, 2007

March 23, 2007

PACER
89

Notice of Reassignment of Referral to Magistrate Judge

April 12, 2007

April 12, 2007

PACER
90

Motion to Appear Pro Hac Vice

April 20, 2007

April 20, 2007

PACER
91

Order

April 24, 2007

April 24, 2007

PACER
92

Order on Motion to Appear Pro Hac Vice

April 30, 2007

April 30, 2007

PACER
93

Order

April 30, 2007

April 30, 2007

PACER
94

Notice (Other)

May 11, 2007

May 11, 2007

PACER
95

Notice (Other)

May 11, 2007

May 11, 2007

PACER
96

Notice (Other)

May 17, 2007

May 17, 2007

PACER
97

Order

May 21, 2007

May 21, 2007

PACER
98

MEMORANDUM AND OPINION # 94720: that certification is granted to the class with respect to the notice claims - i.e., Counts IV, V, and VI, but only with respect to the class claims that stem from the JPMC Plan as of 1/1/02 and excluding those individ uals who have already received their lump sum benefit; certification is granted to the class with respect to the age discrimination claim beginning 1/1/89, however, because Hirt v. The Equitable Ret. Plan for Employees Managers & Agents, no. 06cv4757 is currently sub judice before the Second Circuit and since that decision will likely be dispositive of the age discrimination issue, I am reserving the right to revisit this issue following that decision; plaintiffs Berotti, Falchetti, Melli, and S hapiro are appointed class representatives and the law firm Schiffrin & Barroway, LLP, Kirby, McInerney & Squire, LLP and Keller Rohrback LLP are appointed class counsel and will abide my order of 7/28/06; discovery may proceed but it is restricted w ith respect to the age discrimination claim to the period 1/1/02 and thereafter; the parties will prepare a proposed joint pretrial scheduling order and bring it to a pretrial conference in chambers on 6/14/07 at 3:00 p.m.; the clerk of court is instructed to close this motion and remove it from my docket. (Signed by Judge Harold Baer on 5/30/07) (dle) Modified on 6/1/2007 (rw). Modified on 6/6/2007 (Lewis, Diahan). Modified on 6/6/2007 (Lewis, Diahan).

May 30, 2007

May 30, 2007

RECAP
99

Motion for Reconsideration

June 14, 2007

June 14, 2007

PACER
100

Memorandum of Law in Support of Motion

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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June 14, 2007

June 14, 2007

PACER
101

Scheduling Order

June 15, 2007

June 15, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 31, 2006

Closing Date: July 15, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

all plan participants, whether active, inactive or retired, their beneficiaries and Estates, whose accrued benefits or pension benefits are based in whole or in part on the Plan's cash balance formulas, from January 1, 2002 to present.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

J.P. Morgan Chase Retirement Plan, Private Entity/Person

J.P. Morgan Chase Bank, N.A., Private Entity/Person

John Does, Private Entity/Person

JPMC's Director of Human Resources, Private Entity/Person

J.P. Morgan Chase & Co. (New York City), Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: about $600,000

Issues

General:

Pattern or Practice

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Age discrimination

Race:

Race, unspecified

Affected Sex or Gender:

Female

Male