No. CV 02 3067(RJD).

253 F.Supp.2d 438 (2003)

Harvey STRAUS, Stanley Brodka, Charles J. Santilli, Leonard Goldberg, Robert W. Clark, Dennis Velasco, Dave Kievit, Anthony Naroiso, Gerald J. Rascoli, and Seymour Goldstein, Plaintiffs, v. PRUDENTIAL EMPLOYEE SAVINGS PLAN, Prudential Employee Savings Plan Administrative Committee, and Prudential Insurance Company of America, Defendants.

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

March 24, 2003.

Attorney(s) appearing for the Case

Lawrence M. Rosenstock and Stacy B. Kreiger (Blank Rome Tenzer Greenblatt LLP, New York, NY), and David A. Dorey (Blank Rome Comisky & McCauley LLP, Cherry Hill, NJ), for the plaintiffs.

Lonie A. Hassel and Michael Joseph Prame (Groom Law Group, Chartered, Washington DC), for the defendants.


DEARIE, District Judge.

Plaintiffs, all of whom are participants in the Prudential Employee Savings Plan ("PESP" or the "Plan"), bring this action under Section 502 of the Employer Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132. Plaintiffs allege that defendants discriminated against them in violation of Section 510 of ERISA, 29 U.S.C. § 1140, by adopting and retroactively applying arbitrary limitations...

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