IndyMac Bancorp ERISA Litigation

 

On January 19, 2011, the Honorable Dean D. Pregerson granted final approval of the Class Action Stipulation and Agreement of Settlement (“Settlement Agreement”).

Case History

The Consolidated Complaint was filed in the United States District Court Central District of California. This litigation is on behalf of Plaintiffs and a Class of all persons who were participants in or beneficiaries of the IndyMac Bank, F.S.B., 401(k) Plan (the “Plan”) between July 1, 2006 and June 1, 2010, (the “Class Period”) and whose accounts included investments in IndyMac Bancorp, Inc. (“IndyMac”) common stock.

In the Consolidated Complaint, Plaintiffs allege that during the Class Period, Defendants breached their fiduciary duties to Plaintiffs and the Class by failing to:
• prudently and loyally manage the Plan’s investment in IndyMac stock
• properly monitor the performance of their fiduciary appointees and remove and replace those whose performance was inadequate
• disclose necessary information to co-fiduciaries
• provide complete and accurate information to the Class regarding the soundness of IndyMac stock and the prudence of investing and holding retirement contributions in IndyMac equity
• and prevent breaches by other fiduciaries of their duties of prudent and loyal management, complete and accurate communications, and adequate monitoring.

On October 7, 2008, Judge Pregerson consolidated the various pending ERISA cases and appointed Keller Rohrback L.L.P. as Interim Co-Lead Counsel.

The Settlement

The settlement provides for a payment of $7 million, net of expenses described in the Settlement Agreement, to the Plan for the benefit of the following Settlement Class:

A non-opt-out class of all persons other than Defendants and Defendants’ spouses, parents, or children who were participants in or beneficiaries of the IndyMac Bank, F.S.B. 401(k) Plan at any time between July 1, 2006, and June 1, 2010, and whose accounts included investments in the IndyMac Stock Fund.

On January 19, 2011, the Honorable Dean D. Pregerson granted final approval of the Settlement.

Case Documents

Consolidated Complaint – 01/05/09

Settlement Notice – 11/01/10

Final Order and Judgment – 01/19/11

 

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