Bruce Fulmer v. Scott Klein, et al, No. 12-10416 (5th Cir. 2014)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on July 9, 2013.
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Case: 12-10416 Document: 00512726428 Page: 1 Date Filed: 08/07/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 12-10416 August 7, 2014 Lyle W. Cayce Clerk RANDY KOPP, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant v. SCOTT W. KLEIN; DONALD B. REED; STEPHEN L. ROBERTSON; THOMAS S. ROGERS; PAUL E. WEAVER; JOHN J. MUELLER; JERRY V. ELLIOT; SAMUEL D. JONES; KATHERINE J. HARLESS; THE EMPLOYEE BENEFITS COMMITTEE; GEORGIA SCAIFE; JOHN DOES 120; WILLIAM GIST; STEVEN GABERICH; CLIFFORD WILSON; BILLY MUNDY; ANDREW COTICCHIO; THE HUMAN RESOURCES COMMITTEE; FRANK P. GATTO, Defendants-Appellees Appeal from the United States District Court for the Northern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before JOLLY, GARZA, and OWEN, Circuit Judges. PER CURIAM: Randy Kopp, an employee of Idearc, Inc., and a participant in the Idearc Management Plan ( the Plan ), brought this Employee Retirement Security Act ( ERISA ) action on behalf of all current and former participants in the Plan for whose individual accounts the Plan purchased or held shares of the Idearc Stock Fund from November 21, 2006 through March 31, 2009. The Case: 12-10416 Document: 00512726428 Page: 2 Date Filed: 08/07/2014 No. 12-10416 district court dismissed Kopp s complaint under Rule 12(b)(6). Fulmer v. Klein, No. 3:09-CV-2354-N, 2012 WL 7634148 (N.D. Tex. Mar. 15, 2012). In an earlier opinion, we affirmed. Kopp v. Klein, 722 F.3d 327 (5th Cir. 2013). The Supreme Court granted a writ of certiorari, vacated our judgment, and remanded the case for further consideration in light of Fifth Third Bancorp v. Dudenhoeffer, 573 U.S. ___ (2014). We VACATE the judgment of the Northern District of Texas, and REMAND for proceedings consistent with the Supreme Court s opinion. 1 Plaintiff-Appellant s motion to remand and Defendants-Appellees cross-motion for supplemental briefing are denied as moot. 1 2
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