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OSBERG v. FOOT LOCKER, INC.

No. 07 Civ. 1358(DAB).

656 F.Supp.2d 361 (2009)

Geoffrey OSBERG, on behalf of himself and on behalf of all others similarly situated, Plaintiffs, v. FOOT LOCKER, INC. and Foot Locker Retirement Plan, Defendants.

United States District Court, S.D. New York.

September 16, 2009.

Attorney(s) appearing for the Case

Eli Gottesdiener, Gottesdiener Law Firm, PLLC, Brooklyn, NY, for Plaintiffs.

Myron D. Rumeld, Proskauer Rose LLP, New York, NY, Howard Shapiro, Nicole A. Eichberger, Proskauer Rose LLP, New Orleans, LA, for Defendants.

MEMORANDUM & ORDER

DEBORAH A. BATTS, District Judge.

Plaintiff Geoffrey Osberg ("Plaintiff" or "Osberg") brings a four-count class action Complaint against his former employer, Foot Locker, Inc. ("Foot Locker") and Foot Locker Retirement Plan (the "Plan") (collectively, "Defendants"), challenging Defendants' January 1, 1996 conversion of the Foot Locker Retirement Plan to a cash balance plan. Plaintiff alleges that the amendment of the Plan contravened...

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