Fernandez et al v. K-M Industries Holding Co, Inc et al

Filing 333

ORDER re 330 CORRECTING ORDER DENYING NORTH STARS MOTION FORJUDGMENT ON THE PLEADINGS AND GRANTING THE SETTLING PARTIESCROSS-MOTION FOR JUDGMENT ON THE PLEADINGS (DOCKET NO. 330). Signed by Judge CLAUDIA WILKEN on 9/8/09. (scc, COURT STAFF) (Filed on 9/8/2009)

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. K-M INDUSTRIES HOLDING CO., INC.; K-M INDUSTRIES HOLDING CO., INC. ESOP PLAN COMMITTEE; WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; TRUSTEES OF THE WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; CIG ESOP PLAN COMMITTEE; NORTH STAR TRUST COMPANY; DESIREE B. MOORE REVOCABLE TRUST; WILLIAM E. MOORE MARITAL TRUST; WILLIAM E. MOORE GENERATIONSKIPPING TRUST; and DESIREE MOORE, both in her individual capacity and as trustee of the William E. and Desiree B. Moore Revocable Trust's successor trusts named above, Defendants. / THOMAS FERNANDEZ; LORA SMITH; and TOSHA THOMAS, individually and on behalf of a class of all other persons similarly situated, Plaintiffs, No. C 06-07339 CW ORDER CORRECTING ORDER DENYING NORTH STAR'S MOTION FOR JUDGMENT ON THE PLEADINGS AND GRANTING THE SETTLING PARTIES' CROSS-MOTION FOR JUDGMENT ON THE PLEADINGS (DOCKET NO. 330) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA On August 21, 2009, the Court issued an order denying North Star's motion for judgment on the pleadings and granting the settling parties' cross-motion for judgment on the pleadings. (Docket No. 330). The Court revises this prior order. Any reference made to Section 2(a) of the 1998 and 1999 Stock Purchase 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreements in the Court's discussion at part II.A should instead refer to Section 2(b) of those agreements. IT IS SO ORDERED. Dated: 9/8/09 CLAUDIA WILKEN United States District Judge 2

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