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COOPER v. RUANE CUNNIFF & GOLDFARB INC.

Docket No. 17-2805. August Term, 2018

990 F.3d 173 (2021)

Clive V. COOPER, individually and as a representative of a class of similarly situated plan participants, on behalf of the DST Systems, Inc. 401(K) Profit Sharing Plan, Plaintiff-Appellant, v. RUANE CUNNIFF & GOLDFARB INC., Defendant-Appellee, DST Systems, Inc., The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., Jerome H. Bailey, Lynn Dorsey Bleil, Gary D. Forsee, Charles E. Haldeman, Jr., Samuel G. Liss, John Does, 1-20, Lowell L. Bryan, Gregg Wm. Givens, Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 4, 2021.

Attorney(s) appearing for the Case

Monique Olivier , Olivier Schreiber & Chao LLP, San Francisco, CA ( James E. Miller , Laurie Rubinow, Shepherd, Finkelman, Miller & Shah, LLP, Chester, CT, on the brief), for Plaintiff-Appellant.

Robert J. Ward ( Frank W. Olander , Minji Reem , on the brief), Schulte Roth & Zabel LLP, New York, NY, for Defendant-Appellee.

Judge Sullivan dissents in a separate opinion.

Plaintiff-Appellant Clive V. Cooper appeals from an August 17, 2017 order of the U.S. District Court for the Southern District of New York (Pauley, J.), granting the motion of Defendant-Appellee Ruane Cunniff & Goldfarb Inc. ("Ruane") to compel arbitration of Cooper's claims against it. Acting on behalf of a putative...

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