Bruce Fulmer v. Scott Klein

762 F.3d 450, 2014 WL 3882891, 2014 U.S. App. LEXIS 15301

Opinion

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:

Randy Kopp, an employee of Ideare, Inc., and a participant in the Ideare 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 Ideare Stock Fund from November 21, 2006 through March 31, 2009. The 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. -, 134 S.Ct. 2459, 189 L.Ed.2d 457 (2014).”

We VACATE the judgment of the Northern District of Texas, and REMAND for proceedings consistent with the Supreme Court’s opinion. 1

1 . Plaintiff-Appellant's motion to remand and Defendants-Appellees’ cross-motion for supplemental briefing are denied as moot.