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ELMHURST LINCON-MERCURY, INC. v. MEARS

16 C 2390.

215 F.Supp.3d 659 (2016)

ELMHURST LINCON-MERCURY, INC. EMPLOYEES 401(K) PROFIT SHARING PLAN & TRUST, Plaintiff, v. David G. MEARS, Elmhurst Lincoln-Mercury, Inc., Universal Underwriters Insurance Company, and James F. Best, P.C., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

Signed August 29, 2016.

Attorney(s) appearing for the Case

Glenn R. Gaffney , Jolianne Stacey-Leigh Walters , Gaffney & Gaffney, P.C., Glendale Heights, IL, for Plaintiff.

Brian A. O'Gallagher , Alex Zagor , Georgia Lynne Joyce , Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC, Eric D. Kaplan , Christopher S. Wunder , Kaplan Papadakis & Gournis, LLP, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

On February 18, 2016, Elmhurst Lincoln-Mercury, Inc. Employees 401(k) Profit Sharing Plan and Trust ("the Plan"), by its acting trustee, Thomas Potts, Jr., filed this ERISA and negligence suit against its former trustee David Mears, Elmhurst...

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