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United States District Court for the District of Connecticut
May 25, 2022, Decided; May 25, 2022, Filed
CIVIL CASE NO. 3:20-CV-00902(JCH)
RULING ON MOTION TO CERTIFY CLASS (DOC. NO. 78)
A. Factual Background
B. Procedural Background
III. LEGAL STANDARD
B. Rule 23
1. Prospective Relief
2. Funds in Which Plaintiffs Did Not Invest
B. Rule 23(a)
3. Typicality [*3]
C. Rule 23(b)(1)
D. Rule 23(g)
E. Modifications to the Class Definition
Plaintiffs, who have participated in the Eversource 401(k) Plan ("the Plan"), bring this putative class action against Eversource Energy Company ("Eversource") and other defendants under section 1132(a)(2) of the Employee Retirement Income Security Act of 1974 ("ERISA"), section 1001 of title 29, et seq., of the U.S. Code. Four named plaintiffs seek to represent the putative class: Kimberly Garthwait ("Garthwait"),1 Cumal T. Gray ("Gray"), Kristine T. Torrance ("Torrance") and Michael J. Hushion ("Hushion"), former Eversource employees and former Plan participants. They bring their claims against the following defendants: Eversource; Eversource's Board of Directors ("the Board"); the Eversource Plan Administration Committee ("Administrative Committee"); the Eversource Investment Management Committee ("Investment Oversight Committee"); and Christine M. Carmody, Robert J. DeAngelo, Richard J. Morrison, and Michael P. Synan, Gregory B. Butler, Christine M. Carmody, James J. Judge, Philip J. Lembo, Thomas J. May, David R. McHale, and John M. Moriera, who were members of the Board, the Administrative Committee, or the Investment Oversight Committee.
Now before the court is the plaintiffs' [*4] Motion for Class Certification (Doc. No. 78), in which they propose the following class:
All participants and beneficiaries in the Plan at any time on or after June 30, 2014 to the present (the "Class Period" or "Relevant Time Period"), including any beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 93641 *; 2022 WL 1657469
KIMBERLY GARTHWAIT ET AL., Plaintiffs, v. EVERSOURCE ENERGY COMPANY, ET AL., Defendants,
funds, invested, plaintiffs', named plaintiff, courts, class certification, injunctive relief, cases, amended complaint, plan participant, class member, losses, breach of fiduciary duty, standing to bring, fiduciary duty, class action, certify, options, proposed class, commonality, defendants', absent class members, prospective relief, recordkeeping, harmed, lack standing, certification, parties, mismanaged, fiduciary
Constitutional Law, Case or Controversy, Standing, Elements, Civil Procedure, Justiciability, Burdens of Proof, Class Actions, Prerequisites for Class Action, Adequacy of Representation, Numerosity, Typicality, Commonality, Special Proceedings, Certification of Classes, Evidence, Burdens of Proof, Preponderance of Evidence, Maintainability, Certification of Classes, Decertification, Allocation, Governments, Legislation, Statutory Remedies & Rights, Business & Corporate Compliance, ERISA Pension Plan Qualification Requirements, Participation & Vesting, Vesting Requirements, Pensions & Benefits Law, Civil Litigation, Causes of Action, Breach of Fiduciary Duty, ERISA, Class Actions, Class Members, Absent Members, Injury in Fact, Particular Parties, Costs & Attorney Fees, Attorney Fees & Expenses, Reasonable Fees, Contracts Law, Types of Contracts, Releases, Remedies, Equitable Accountings, Trust Accountings, Estate, Gift & Trust Law, Trustees, Duties & Powers, Claims Against & By, Class Attorneys, Appointments, Judicial Officers, Judges, Discretionary Powers, Judicial Discretion, Pleadings, Amendment of Pleadings, Leave of Court