Halldorson v. Wilmington Trust Retirement and Institutional Services Company
MEMORANDUM OPINION. Signed by District Judge Leonie M. Brinkema on 3/13/17. Order to follow(gwalk, )
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
TIM P. BRUNDLE, on behalf of the
Constellis Employee Stock Ownership Plan
and a class of other individuals similarly
WILMINGTON TRUST N.A., as successor to
Wilmington Trust Retirement and Institutional
Plaintiff Tim P. Brundle ("plaintiff" or "Brundle") is a former employee of Constellis
Group, Inc. ("Constellis"), and a former participant in an EmployeeStock OwnershipPlan
("ESOP") sponsored by Constellis. Defendant Wibnington TrustN.A. ("Wihnington") was the
trustee for the ESOP in connection with Constellis' creation of the ESOP. Creating the ESOP
involvedpurchasing 100% of Constellis' voting stock in December 2013 (the "2013 Purchase").
Lessthan a year after the ESOPwas created, all its stockwas sold (the"2014 Sale"). Plaintiff
alleges that the 2013 Purchase involved transactions and payments prohibited by the Employee
RetirementIncome Security Act of 1974 ("ERISA"), 29 U.S.C. § 1106, resulting in the ESOP
paying an inflated price for the Constellis stock. Specifically, plaintiff alleges that the $4,235 per
share paid in 2013 was not the fairmarket value of suchstock, resulting in the ESOP overpaying
for the stock by $103,862,000,
PTX^ 512, which plaintiff seeks torecover for the ESOP.
^Throughout this Memorandum Opinion, plaintiffstrial exhibits are referred to as "PTX," and
defendant's are referred to as "DTX." PTX 512 is the summary chart of plaintiffs damages
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