No. 20-1255

Jeffrey Schweitzer, et al. v. Investment Committee of the Phillips 66 Savings Plan, et al.

Lower Court: Fifth Circuit
Docketed: 2021-03-10
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (3) Experienced Counsel
Tags: defined-contribution-plan diversification erisa erisa-fiduciary fiduciary-duty imprudent-investment investment-diversification participant-claims participant-rights pleadings single-stock-fund
Key Terms:
Arbitration ERISA
Latest Conference: 2021-12-10 (distributed 3 times)
Question Presented (AI Summary)

Is an ERISA fiduciary entitled to dismissal on the pleadings of a plan participant's claim that the fiduciary imprudently maintained an undiversified, single-stock fund in a defined contribution plan where the plan does not restrict participants' ability to sell their shares of the undiversified fund and reinvest in other, diversified funds?

Question Presented (OCR Extract)

QUESTION PRESENTED Is an ERISA fiduciary entitled to dismissal on the pleadings of a plan participant’s claim that the fiduciary imprudently maintained an undiversified, single-stock fund in a defined contribution plan where the plan does not restrict participants’ ability to sell their shares of the undiversified fund and reinvest in other, diversified funds?

Docket Entries

2021-12-13
Petition DENIED.
2021-11-23
DISTRIBUTED for Conference of 12/10/2021.
2021-07-13
Rescheduled.
2021-06-30
DISTRIBUTED for Conference of 9/27/2021.
2021-06-10
Brief of respondents Investment Committee of the Phillips 66 Savings Plan, et al. in opposition filed.
2021-05-13
Motion to extend the time to file a response is granted and the time is further extended to and including June 10, 2021, for all respondents.
2021-05-12
Motion to extend the time to file a response from May 21, 2021 to June 10, 2021, submitted to The Clerk.
2021-04-06
Motion to extend the time to file a response is granted and the time is extended to and including May 21, 2021, for all respondents.
2021-04-05
Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
2021-03-22
Response Requested. (Due April 21, 2021)
2021-03-16
DISTRIBUTED for Conference of 4/1/2021.
2021-03-12
Waiver of right of respondents Investment Committee of the Phillips 66 Savings Plan, et al. to respond filed.
2021-03-08
Petition for a writ of certiorari filed. (Response due April 9, 2021)

Attorneys

Investment Committee of the Phillips 66 Savings Plan, et al.
Aaron Michael StreettBaker Botts, L.L.P., Respondent
Jeffrey Schweitzer, Jonathan Sapp, Raul Ramos, Donald Fowler
Matthew W.H. WesslerGupta Wessler PLLC, Petitioner