BANDAK v. THE ELI LILLY AND COMPANY RETIREMENT PLAN et al

Filing 114

CLOSED JUDGMENT - Pursuant to the Court's Order dated 2/11/2009, on Plaintiff's Motion for Entry of Final Judgment and for Attorneys' Fees, judgment is hereby ENTERED in favor of Plaintiff and against Defendants on Plaintiff's cla ims under § 1132(a)(1)(B) in the amount of $100,222.86, plus prejudgment interest in the amount of $4,637.69. In addition, Defendants are hereby ENJOINED from reducing Plaintiff's future benefits under the Lilly Plan by amounts pa id to Plaintiff from his UK Pension Plan. Finally, judgment is hereby ENTERED in favor of Plaintiff and against Defendants for Plaintiff's attorneys fees incurred in this matter in the amount of $89,612.00. Signed by Judge Larry J. McKinney on 2/11/2009.(TRG)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

STEPHEN I. BANDAK, Plaintiff, vs. THE ELI LILLY AND COMPANY RETIREMENT PLAN, and THE EMPLOYEE BENEFITS COMMITTEE OF THE ELI LILLY AND COMPANY RETIREMENT PLAN, Defendant.

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1:06-cv-1622-LJM-JMS

ENTRY OF JUDGMENT Throu gh an Order dated September 8, 2008, the Court granted Plaintiff's, Stephen I. Bandak ("Plaintiff"), Motion for Summary Judgment and denied Defendants', the Eli Lilly and Company Retirement Plan and the Employee Benefits Committee of the Eli Lilly and Company Retirement Plan (collectively, "Defendants"), Motion for Summary Judgment. The Court concluded that Defendants wrongfully offset Plaintiff's retirement benefits in violation of the Employment Retirement Insurance Security Act, 29 U.S.C. § 1132(a)(1)(B). Pursuant to the Court's Order dated February 11, 2009, on Plaintiff's Motion for Entry of Final Judgment and for Attorneys' Fees, judgment is hereby ENTERED in favor of Plaintiff and against Defendants on Plaintiff's claims under § 1132(a)(1)(B) in the amount of $100,222.86, plus prejudgment interest in the amount of $4,637.69. In addition, Defendants are hereby ENJOINED from reducing Plaintiff's future benefits under the Lilly Plan by amounts paid to Plaintiff from his UK Pension Plan. Finally, judgment is hereby

ENTERED in favor of Plaintiff and against Defendants for Plaintiff's attorneys fees incurred in this matter in the amount of $89,612.00. DATED this 11th day of February, 2009.

________________________________ LARRY J. McKINNEY, JUDGE LARRY J. McKINNEY, JUDGE UniUnited States District Court ted States District Court Southern District of Indiana Southern District of Indiana

LAURA A. BRIGGS, CLERK United States District Court Laura A.n District of Indiana Souther Briggs, Clerk BY: __________________________________ By: Deputy Clerk, Deputy Clerk U. S. District Court

Distributed to: Andrew W. Hull HOOVER HULL LLP [e-mail] Laurie E. Martin HOOVER HULL LLP [e-mail] John W. Purcell BAKER & DANIELS LLP [e-mail] Paul A. Wolfla BAKER & DANIELS LLP [e-mail]

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