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

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-20379 · judgment May 22, 2020

Certiorari denied · December 13, 2021
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before.

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?

Counsel of record

For petitioner
Matthew W.H. Wessler
Gupta Wessler PLLC

For respondent
Aaron Michael Streett
Baker Botts, L.L.P.

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Dec 13 2021
    Petition DENIED.
  2. Nov 23 2021
    DISTRIBUTED for Conference of 12/10/2021.
  3. Jul 13 2021
    Rescheduled.
  4. Jun 30 2021
    DISTRIBUTED for Conference of 9/27/2021.
  5. Jun 10 2021
    Brief of respondents Investment Committee of the Phillips 66 Savings Plan, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  6. May 13 2021
    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.
  7. May 12 2021
    Motion to extend the time to file a response from May 21, 2021 to June 10, 2021, submitted to The Clerk.
    Main Document
  8. Apr 06 2021
    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.
  9. Apr 05 2021
    Motion to extend the time to file a response from April 21, 2021 to May 21, 2021, submitted to The Clerk.
    Main Document
  10. Mar 22 2021
    Response Requested. (Due April 21, 2021)
  11. Mar 16 2021
    DISTRIBUTED for Conference of 4/1/2021.
  12. Mar 12 2021
    Waiver of right of respondents Investment Committee of the Phillips 66 Savings Plan, et al. to respond filed.
    Main Document
  13. Mar 08 2021
    Petition for a writ of certiorari filed. (Response due April 9, 2021)
    PetitionAppendixCertificate of Word CountProof of Service