Pension Committe of the University of Montreal Pension Plan v. CITCO Fund Services N.V.

Filing 235

OPINION AND ORDER #97079: For the reasons stated above, plaintiffs' and the Citco Defendants' motions for reconsideration are granted in part and denied in part. In sum: 1. Plaintiffs' motion for reconsideration with respect to the dis missal of the negligence claims pertaining to the initial investments of The Altar Fund, Claude Chagnon, Bombardier Trust (UK), Bombardier Trust (Canada), Fondation J. Armand Bombardier, University of Montreal, Andre Chagnon,Fondation Chagnon, Polyte chnique, Okabena, the Hunnicutt Entities, and the Corbett Family Charitable Foundation is granted. a) The Citco Defendants' motion for summary judgment is denied with respect to the negligence claims of The Altar Fund, the University of Montreal , Okabena, and the Corbett Family Charitable Foundation. b) The Citco Defendants' motion for summary judgment is granted with respect to the negligence claims of Claude Chagnon, Bombardier Trust (UK), Bombardier Trust (Canada), Fondation J. Arma nd Bombardier, Andre Chagnon, Fondation Chagnon, and Polytechnique. 2. Plaintiffs' motion for reconsideration is denied with respect to the dismissal of the negligence claims KMEFIC made on behalf of KFAS. 3. The Citco Defendants motion for reco nsideration with respect to the denial of summary judgment on the breach of fiduciary duty claims is granted. The Citco Defendants motion for summary judgment is granted on these claims to the extent summary judgment was granted on the common law fra ud claims. 4. The Citco Defendants' motion for reconsideration with respect to the Court's refusal to grant summary judgment on the aiding and abetting claims after June 2001 is denied. The Clerk of the Court is directed to close these motions (document nos. 227 and 229). (Signed by Judge Shira A. Scheindlin on 2/10/09) (js) Modified on 2/18/2009 (mro).