RANKIN v. ROTS

No. 02-CV-71045.

278 F.Supp.2d 853 (2003)

Quincie RANKIN, individually and on behalf of others similarly situated; on behalf of hersleft and on behalf of the Kmart Corporation Retirement Savings Plan "A," Plaintiff, v. David P. ROTS, et al., Defendant.

United States District Court, E.D. Michigan, Southern Division.

August 20, 2003.


Attorney(s) appearing for the Case

Mark I. Steckloff, Mary Ellen Gurewitz, Sachs Waldman, Detroit, MI, for plaintiff.

Robert N. Eccles, O'Melveny & Myers, Washington, DC, Donald R. Bachand, III, Garratt & Bachand, Jon R. Steiger, Philip T. Carter, Howard & Howard, Bloomfield Hills, MI, Scott R. Lassar, Walter C. Carlson, pending app, Erin E. Kelly, Mark B. Blocker, Sidley, Austin, Chicago, IL, Sharon M. Woods, Todd R. Mendel, Barris, Sott, Walter B. Connolly, Jr., Miller, Canfield, Walter B. Connolly, Jr., Daniel P. Colling, Foley & Lardner, Detroit, MI, Lyman R. Lyon, Troy, MI, Lisa B. Deutsch, Seth C. Farber, Robert C. Myers, pending app, Dewey Ballantine, New York City, for defendants.


MEMORANDUM AND ORDER DENYING DEFENDANTS'S MOTION TO DISMISS

COHN, District Judge.

Based upon each and all of the disclosures, releases and market events ... as well as other information available both publically and privately to all or certain fiduciaries regarding Kmart and information which was known additionally to various individual defendants, a loyal and prudent fiduciary would have begun an evaluation...

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