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GEARREN v. McGRAW-HILL COMPANIES, INC.

Nos. 08 Civ. 7890(RJS), 09 Civ. 5450(RJS).

690 F.Supp.2d 254 (2010)

Patrick L. GEARREN and Jan Deperry, on Behalf of themselves and all others similarly situated, Plaintiffs, v. The McGRAW-HILL COMPANIES, INC., et al., Defendants. Harvey Sullivan, Mary Sullivan, and Cynthia Davis, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. The McGraw-Hill Companies, Inc., et al., Defendants.

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

February 10, 2010.

Attorney(s) appearing for the Case

Edwin J. Mills and Michael Jason Klein of Stull, Stull & Brody, New York, NY, and Major Khan of Major Khan LLC, Street, Weehawken, NJ, for the Sullivan Plaintiffs.

Frank James Johnson, Albert Yong Chang, and Derek J. Wilson of Johnson Bottini, LLP, San Diego, CA, and Francis A. Bottini of Johnson & Silie, LLP, Second Floor, Bronx, NY, for the Gearren Plaintiffs.

Myron D. Rumeld and Russell Laurence Hischhom of Proskauer Rose LLP, New York, NY, Harold Shapiro of Proskauer Rose LLP, New Orleans, LA, and Floyd Abrams, Susan Buckley, and Tammy Lynn Roy of Cahill Gordon & Reindell LLP, New York, NY, for Defendants.

OPINION AND ORDER

RICHARD J. SULLIVAN, District Judge:

Before the Court are two substantially identical cases that have been consolidated for resolution, with the parties' consent. Both are purported class actions brought by current and former employees of the McGraw-Hill Companies, Inc. ("McGraw-Hill" or "the company"), alleging that the company and some of its committees, directors, and employees violated the fiduciary duties imposed by the Employee Retirement...

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