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BOARD OF TRUSTEES OF AFTRA v. JPMORGAN CHASE BANK

No. 09 Civ. 686 (SAS).

860 F.Supp.2d 251 (2012)

BOARD OF TRUSTEES OF the AFTRA RETIREMENT FUND, in its capacity as a fiduciary of the AFTRA Retirement Fund, individually and on behalf of all others similarly situated, Plaintiff, v. JPMORGAN CHASE BANK, N.A., Defendant. Board of Trustees of the Imperial County Employees' Retirement System, in its capacity as a fiduciary of the Imperial County Employees' Retirement System, individually and on behalf of all others similarly situated, Plaintiff, v. JPMorgan Chase Bank, N.A., Defendant. The Investment Committee of the Manhattan and Bronx Surface Transit Operating Authority Pension Plan, in its capacity as a fiduciary of the MaBSTOA Pension Plan, individually and on behalf of all others similarly situated, Plaintiff, v. JPMorgan Chase Bank, N.A., Defendant.

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

January 19, 2012.

Attorney(s) appearing for the Case

Joseph H. Meltzer, Esq. , Peter H. LeVan, Jr., Esq. , Barroway Topaz Kessler Meltzer & Check, LLP, Radnor, PA, Bradley E. Beckworth, Esq. , Brad Seidel, Esq. , Nix Patterson & Roach, LLP, Daingerfield, TX, Milo Silberstein, Esq. , Dealy & Silberstein, LLP, David L. Wales, Esq. , Bernstein, Litowitz, Berger & Grossman, LLP, Gregory M. Nespole, Esq. , Wolf Haldenstein Adler Freeman Herz LLP, New York, NY, for Plaintiffs.

Lewis Richard Clayton, Esq. , Jonathan H. Hurwitz, Esq. , Samuel E. Bonderoff, Esq. , Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, for JPMC.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION1

Plaintiffs and defendant bring cross-motions in limine seeking rulings on evidence and the burden of proof in advance of trial. For the following reasons, both motions are granted in part and denied in part.

II. LEGAL STANDARD

The purpose of a motion

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