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Burnett v. Prudent Fiduciary Servs.

United States District Court, D. Delaware
Mar 8, 2023
Civil Action 22-270-RGA (D. Del. Mar. 8, 2023)

Opinion

Civil Action 22-270-RGA

03-08-2023

DAVID BURNETT, et al., Plaintiffs, v. PRUDENT FIDUCIARY SERVICE, LLC, et al., Defendants.


MEMORANDUM ORDER

Richard G. Andrews, United States District Judge

Defendants filed a motion to compel arbitration. (D.I. 24). The motion was fully briefed. (D.I. 25, 27, 29). I referred it to a magistrate judge. (D.I. 32). The Magistrate Judge held oral argument. (D.I. 36). The Magistrate Judge issued a thorough Report and Recommendation, recommending I deny the motion. (D.I. 53). Defendants filed objections, to which Plaintiffs responded. (D.I. 56, 58). I review the Magistrate Judge's recommendation de novo.

The legal question presented is whether the “effective vindication” exception to an ERISA Plan's agreement to arbitrate renders the agreement's arbitration provision invalid as applied to the sort of lawsuit Plaintiffs have brought here. The Magistrate Judge's Report and Recommendation is persuasive on this point. It was also prescient. Within a few weeks of its issuance, the Tenth Circuit, on a complaint alleging the same theories as in the instant case,and with essentially the same arbitration agreement, thoroughly analyzed the same issues and came to the same conclusion at the Magistrate Judge did. See Harrison v. Envision Mgmt. Holding, Inc. Bd. of Directors, 59 F.4th 1090 (10th Cir. 2023). Harrison is persuasive.

Plaintiffs' counsel in Harrison are also Plaintiffs' counsel in this case.

Thus, the Objections (D.I. 56) are OVERRULED. The Report and Recommendation (D.I. 53) is ADOPTED IN FULL. The motion to compel arbitration (D.I. 24) is DENIED.

IT IS SO ORDERED.


Summaries of

Burnett v. Prudent Fiduciary Servs.

United States District Court, D. Delaware
Mar 8, 2023
Civil Action 22-270-RGA (D. Del. Mar. 8, 2023)
Case details for

Burnett v. Prudent Fiduciary Servs.

Case Details

Full title:DAVID BURNETT, et al., Plaintiffs, v. PRUDENT FIDUCIARY SERVICE, LLC, et…

Court:United States District Court, D. Delaware

Date published: Mar 8, 2023

Citations

Civil Action 22-270-RGA (D. Del. Mar. 8, 2023)

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sub nom. Burnett v. Prudent Fiduciary Serv., LLC, No. CV 22-270-RGA, 2023 WL 2401707 (D. Del. Mar. 8,…