CASE NO. 5:06 CV 0170. May 28, 2008 MEMORANDUM OPINION AND ORDER PETER ECONOMUS, District Judge This matter is before the Court on Defendants' motion to dismiss Plaintiffs' Consolidated Class Action Complaint. (Doc. No. 44.) I. Background This consolidation class action seeks recovery for former Diebold employees who invested in Diebold stock through the company's 401(k) Savings Plan (the "Plan"). It is premised on violations of the Employee Retirement Income Security Act ("ERISA"), and names as
Civil Action 2:04-CV-643. April 26, 2006 ORDER NORAH KING, Magistrate Judge With the agreement of the parties, the motion to certify, Doc. No. 98, is WITHDRAWN. The joint motion to stay briefing on that motion to certify, Doc. No. 99, is DENIED as MOOT.