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LEBER v. THE CITIGROUP 401(K) PLAN INVESTMENT COMMITTEE

No. 07-Cv-9329(SHS).

MARYA J. LEBER, SARA L. KENNEDY, and all others similarly situated, Plaintiffs, v. THE CITIGROUP 401(k) PLAN INVESTMENT COMMITTEE, JAMES COSTABILE, ROBERT GROGAN, ROBIN LEOPOLD, GLENN REGAN, CHRISTINE SIMPSON, RICHARD TAZIK, TIMOTHY TUCKER, LEO VIOLA, DONALD YOUNG, MARCIA YOUNG, and DOE DEFENDANTS 1-20, Defendants.

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

September 30, 2014.

Attorney(s) appearing for the Case

Marya J. Leber, and all others similarly situated, Plaintiff, represented by David Steven Preminger, Keller Rohrback L.L.P., James Moore, McTigue & Veis LLP, Bryan T. Veis, Mctigue Law LLP, Gregory Y. Porter, Bailey & Glasser, LLP, James Brian McTigue, Mctigue Law LLP & James A. Moore, McTigue & Veis LLP.

Sara L Kennedy, Plaintiff, represented by David Steven Preminger, Keller Rohrback L.L.P., James Moore, McTigue & Veis LLP, Bryan T. Veis, Mctigue Law LLP, Gregory Y. Porter, Bailey & Glasser, LLP, James Brian McTigue, McTigue & Veis LLP & James A. Moore, McTigue & Veis LLP.

The Citigroup 401(k) Plan Investment Committee, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP & Aliza Jordana Balog, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

James Costabile, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Robert Grogan, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Robin Leopold, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Christine Simpson, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Richard Tazik, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Timothy Tucker, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Donald Young, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

The Benefit Plans Investment Committee of Citigroup, Inc., Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Michael Carpenter, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Paul Collins, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Virgil Cumming, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

David Dodillet, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

William Heyman, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Alan MacDonald, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Michael Murray, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Todd Thompson, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

David Tyson, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Guy Whittaker, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

James Zelter, Defendant, represented by Lewis Richard Clayton, Paul, Weiss, Rifkind, Wharton & Garrison LLP.

OPINION & ORDER

SIDNEY H. STEIN, District Judge.

Defendants have moved for summary judgment, asking the Court to dismiss as untimely plaintiffs' putative class action alleging violations of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The Court previously granted in part and denied in part defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and granted in part and denied in...

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