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SPIVEY v. SOUTHERN CO.

No. 1:04 CV 1912 RWS.

427 F.Supp.2d 1144 (2006)

Mark T. SPIVEY, individually and on behalf of a class of all others similarly situated, Plaintiff, v. SOUTHERN COMPANY, et al., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

April 19, 2006.

Attorney(s) appearing for the Case

Tobias J. Kammer, Cari C. Laufenberg, Derek W. Loeser, Lynn Lincoln Sarko, Keller Rohrback, Seattle, WA, Gerald D. Wells, Joseph H. Meltzer, Richard S. Schiffrin, Schiffrin Barroway, Radnor, PA, Joshua A. Millican, Law Office of Joshua A. Millican, Atlanta, GA, for Plaintiff.

James P. Baker, Heather Reinschmidt, Jones Day, San Francisco, CA, G. Lee Garrett, Jr., David M. Monde, Robin Schmahl, Jones Day, Atlanta, GA, for Defendants.

ORDER

STORY, District Judge.

Jimmy R. Woods, a former employee of the Southern Company, filed this putative class action in late June, 2004. In his Complaint, he alleged that Defendants violated their duties as ERISA1 fiduciaries vis-a-vis the Southern Company Employee Savings Plan (the "Savings Plan" or "Plan") through maintenance of a substantial, ill-fated investment in Mirant Corporation ("Mirant"). Mr. Woods, in particular...

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