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CMS

CMS Energy Corporation ERISA Litigation

The In re CMS Energy ERISA Litigation Complaint was filed in the United States District Court for the Eastern District of Michigan on behalf of Plaintiffs and a class (the "Class") of all persons who were participants in or beneficiaries of the Employees’ Savings and Incentive Plan of Consumers Energy Company ("the Plan") during the Class Period.

The Complaint alleges that during the Class Period, the Defendants breached their fiduciary duties to Plaintiffs and the Class members by:
  • failing to prudently and loyally manage the Plan’s assets;
  • failing to provide participants with complete and accurate information regarding CMS stock sufficient to advise participants of the true risks of investing their retirement savings; and,
  • failing to properly monitor the performance of their fiduciary appointees, and remove and replace those whose performance was inadequate.

For inquiries on the settlement or to update your address, please contact:

Gilardi at 1 (800) 447-7657

June 28, 2006

Keller Rohrback announces final court approval of the $28M settlement in the CMS Energy ERISA litigation. For details regarding the final approval of the settlement, please review the corresponding document links.

March 23, 2006

Keller Rohrback announces preliminary court approval of the $28M settlement in the CMS Energy ERISA litigation. On June 15, 2006, the court will hold a fairness hearing, at which time it will determine whether to give the settlement final approval. For details regarding the preliminarily approved settlement and the legal rights and options for class members in relation to the settlement, please see the attached court-ordered legal notices regarding the settlement:

NOTICES were mailed to Class Members on May 1, 2006

1. Court-Ordered Legal Notice (Summary)
2. Notice of Class Action Settlement

May 16, 2006

On May 16, 2006, Class Counsel moved for an award of attorney fees, reimbursement of expenses, and award of compensation to the Class Representatives.

May 26, 2006

On May 26, 2006, Class Counsel moved for approval of a proposed plan of allocation for the Settlement Fund.

 

Document Links

- Second Amended Consolidated Complaint
- Order On Defendants' Motions to Dismiss
- Order Granting Class Certification
- Settlement Agreement
- Memorandum in Support of Preliminary Approval of the Settlement Agreement
- Order Granting Preliminary Approval of the Settlement Agreement
- Court-Ordered Legal Notice (Summary)
- Notice of Class Action Settlement
- Proposed Plan of Allocation

- Amended Plan of Allocation
- Order and Final Judgment
 


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