Rankin v. Rots

MEMORANDUM AND ORDER GRANTING PLAINTIFF’S MOTION FOR CLASS CERTIFICATION

COHN, District Judge.

I. Introduction

This is a case under the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. claiming breach of fiduciary duty which has as its genesis the collapse of Kmart Corporation into bankruptcy. Plaintiff Quince Rankin (Rankin) seeks recovery on behalf of herself and other similarly situated Kmart employees who invested in Kmart stock through participation in Kmart’s 401(K) plan under which Kmart matched voluntary participant contributions with investments in Kmart…