Opinion
Civil Action 20-4195
08-18-2023
TANIA NUNEZ, JOHNNY CHU, ASHOK D. PANDYA, and DAVID E. STERN, individually and on behalf of all others similarly situated, Plaintiffs, v. B. BRAUN MEDICAL, INC., BOARD OF DIRECTORS AT B. BRAUN MEDICAL INC., THE RETIREMENT COMMITTEE OF B. BRAUN MEDICAL INC., and JOHN DOES 1-30, Defendants.
ORDER
EDWARD G. SMITH, J.
AND NOW, this 18th day of August, 2023, after a non-jury trial held from July 12, 2023 to July 14, 2023; and the court having resolved all evidentiary disputes during said trial; and after considering the parties' post-trial submissions; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:
1. The defendant's motions in limine (Doc. Nos. 120, 121) are DENIED AS MOOT;
2. Judgment in this matter is ENTERED in favor of the defendant, The Retirement Committee of B. Braun Medical Inc., and against the plaintiffs, Tania Nunez, Johnny Chu, and David E. Stern, individually and on behalf of all other similarly situated;and
The Retirement Committee of B. Braun Inc. is the sole remaining defendant in this case due to the dismissal of all claims but duty of prudence. See Doc. No. 49. Moreover, Ashok D. Pandya is no longer a plaintiff. See Doc. No. 58.
3. The clerk of court shall mark this matter as CLOSED.