STEIN v. SMITH

No. CIV.A.01-10500-RCL.

270 F.Supp.2d 157 (2003)

Arthur STEIN, Edwin Humphries, David Bailey, and Robert Maccini, on behalf of the Employee Investment Plan of Stone & Webster Incorporated and Participating Subsidiaries, and on behalf of its participants, and on behalf of the Employee Stock Ownership Plan of Stone & Webster Incorporated and Participating Subsidiaries, and on behalf of its participants, Plaintiffs, v. H. Kerner SMITH, Donna R. Bethell, J. Angus McKee, David N. McKammon, Edward J. Walsh, Peter M. Wood, Peter Evans and Gerald Halpin III, Defendants.

United States District Court, D. Massachusetts.

July 3, 2003.


Attorney(s) appearing for the Case

Anita B. Bapooji, Testa, Hurwitz & Thibeault, LLP, Boston, Attorney to Be Noticed representing H. Kerner Smith.

(Defendant) Richard D. Batchelder, Jr., Ropes & Gray LLP, Boston, Attorney to Be Noticed representing David N. McCammon.

(Defendant) Donna R. Bethell, (Defendant) Edward J. Walsh, (Defendant) Peter M. Evans, (Defendant) Peter M. Wood, Attorney to Be Noticed representing J. Angus McKee.

(Defendant) Michelle H. Blauner, Shapiro, Haber & Urmy, Boston, Attorney to Be Noticed representing Arthur Stein.

(Plaintiff) David Bailey, (Plaintiff) Edwin Humphries, (Plaintiff) Robert Maccini, (Plaintiff) John D. Donovan, Jr., Ropes & Gray LLP, Boston, Attorney to Be Noticed representing David N. McCammon.

(Defendant) Donna R. Bethell, (Defendant) Edward J. Walsh, (Defendant) Gerald Halpin, III, (Defendant) J. Angus McKee, (Defendant) Peter M. Evans, (Defendant) Peter M. Wood, (Defendant) Inez H. Friedman-Boyce, Testa, Hurwitz & Thibeault, LLP, Boston, Attorney to Be Noticed representing H. Kerner Smith.

(Defendant) Jordan D. Hershman, Testa, Hurwitz & Thibeault, LLP, Boston, Attorney to Be Noticed representing H. Kerner Smith.

(Defendant) Todd S. Heyman, Shapiro, Haber & Urmy, LLP, Boston, Attorney to Be Noticed representing Arthur Stein. (Plaintiff) David Bailey, (Plaintiff) Edwin Humphries, (Plaintiff) Robert Maccini, (Plaintiff) L. Jay Law, Ropes & Gray LLP, Boston, Attorney to Be Noticed representing David N. McCammon.

(Defendant) Heidi M. Mitza, Testa, Hurwitz & Thibeault, LLP, Boston, Attorney to Be Noticed representing H. Kerner Smith.

(Defendant) Elizabeth A. Rover Bailey, Ropes & Gray LLP, Boston, Attorney to Be Noticed representing David N. McCammon.


MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS TO DISMISS

LINDSAY, District Judge.

I. Introduction

This is an alleged class action in which the lead plaintiffs are former employees of Stone & Webster, Inc. ("S & W" or "the Company") and/or certain of its subsidiaries participating in retirement savings plans offered by S & W. The lead plaintiffs propose a class of all participants in the Employee Investment Plan of Stone &...

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