This case was last updated from U.S. District Courts on 05/25/2023 at 10:18:52 (UTC).

Barrett et al v. O'Reilly Automotive, Inc et al

Case Summary

On May 2, 2022, Erica R. Barrett, Kathleen D. Vincent, Connie Enderle, Edward Q. Ingerson II, Penny M. Kenoyer, and Gilbert J. Ontiveros (collectively, “Plaintiffs”), represented by Donald R. Reavey, Gabrielle Kelerchian, Kelly M. Spann of Fortmanspann, LLC, and Mark K. Gyandoh of Capozzi Adler, P.C., filed a labor lawsuit against O’Reilly Automotive, Inc. (“O’Reilly” or “Company”), the Board of Directors of O’Reilly Automotive, Inc., the O’Reilly Automotive 401(k) Plan Investment Committee, and others (collectively, “Defendants”), seeking declaratory relief for alleged breach of the fiduciary duty of prudence in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”). This case was filed in the U.S. District Court for the Western District of Missouri, with Judges David P. Rush and Jill A. Morris presiding.

In the complaint, the plaintiffs claimed, “To safeguard Plan participants and beneficiaries, ERISA imposes strict fiduciary duties of loyalty and prudence upon employers and other plan fiduciaries. Fiduciaries must act ‘solely in the interest of the participants and beneficiaries,’ 29 U.S.C. § 1104(a)(1)(A), with the ‘care, skill, prudence, and diligence’ that would be expected in managing a plan of similar scope. 29 U.S.C. § 1104(a)(1)(B). These twin fiduciary duties are ‘the highest known to the law.’ Braden v. Wal-Mart Stores, Inc., 588 F.3d 585, 598 (8th Cir. 2009).”

The plaintiffs further claimed, “The Department of Labor has explicitly stated that employers are held to a ‘high standard of care and diligence’ and must, among other duties, both ‘establish a prudent process for selecting investment options and service providers’ and ‘monitor investment options and service providers once selected to see that they continue to be appropriate choices.’”

Plaintiff alleged, “The Supreme Court recently reiterated that interpreting ‘ERISA’s duty of prudence in light of the common law of trusts’ a fiduciary ‘has a continuing duty of some kind to monitor investments and remove imprudent ones’ and a plaintiff may allege that a fiduciary breached the duty of prudence by failing to properly monitor investments and remove imprudent ones.”

The plaintiffs then alleged, “Because cost-conscious management is fundamental to prudence in the investment function the concept applies to a fiduciary’s obligation to continuously monitor all fees incurred by plan participants, including a plan’s recordkeeping and administration fees. At all times during the Class Period, the Plan had at least $820 million dollars in assets under management. At the Plan’s fiscal year end in 2020 and 2019, the Plan had over $1.19 billion dollars and $1.1 billion dollars, respectively, in assets under management that were/are entrusted to the care of the Plan’s fiduciaries.”

Additionally, the plaintiffs alleged, “The Plan’s assets under management qualifies it as a large plan in the defined contribution plan marketplace, and among the largest plans in the United States. As a large plan, the Plan had substantial bargaining power regarding the fees and expenses that were charged against participants’ investments. Defendants, however, did not try to reduce the Plan’s expenses or exercise appropriate judgment to scrutinize each investment option that was offered in the Plan to ensure it was prudent.”

Plaintiffs also alleged that “Defendants’ mismanagement of the Plan, to the detriment of participants and beneficiaries, constitutes a breach of the fiduciary duty of prudence, in violation of 29 U.S.C. § 1104. Their actions were contrary to actions of a reasonable fiduciary and cost the Plan and its participants millions of dollars.”

Plaintiffs presented two claims for relief, including for alleged breach of the fiduciary duty of prudence and failure to adequately monitor other fiduciaries in violation of ERISA.

In the prayer for relief, the plaintiffs requested a judgment for equitable and injunctive  relief. The plaintiffs also requested an award for  damages, along with disgorgement of all profits. 

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:22-CV-03111

  • Filing Date:

    05/02/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Labor - Employee Benefit

Judge Details

Presiding Judge

Brian C. Wimes

 

Party Details

Plaintiffs

Erica Barrett

Kathleen Vincent

Connie Enderle

Edward Q Ingerson, II

Penny Kenoyer

Gilbert Ontiveros

Defendants

O'Reilly Automotive, Inc

The Board of Directors of O'Reilly Automotive, Inc

O'Reilly Automotive 401(k) Plan Investment Committee

John Does 1 - 30

Attorney/Law Firm Details

Plaintiff Attorneys

Donald R. Reavey

Kelly M Spann

Mark K. Gyandoh

Defendant Attorneys

W. Joseph Hatley

Charles Britwood Cowherd

James R Carroll

Mary E Grinman

Michael S Hines

 

Court Documents

#70

(#70) CLERK'S JUDGMENT (Diefenbach, Tracy) (Entered: 05/23/2023)

#68

(#68) NOTICE of appearance by W. Joseph Hatley on behalf of All Defendants (Attorney W. Joseph Hatley added to party John Does 1 - 30(pty:dft), Attorney W. Joseph Hatley added to party O'Reilly Automotive 401(k) Plan Investment Committee(pty:dft), Attorney W. Joseph Hatley added to party O'Reilly Automotive, Inc(pty:dft), Attorney W. Joseph Hatley added to party The Board of Directors of O'Reilly Automotive, Inc(pty:dft))(Hatley, W.) (Entered: 05/17/2023)

66 #1

Exhibit A

#66

(#66) SUPPLEMENT Defendants' Response To #63 Plaintiffs' Notice Of Supplemental Authorities. (Attachments: #1 Exhibit A)(Related document(s) #26 ) (Hines, Michael) (Entered: 04/26/2023)

63 #6

Exhibit F - Stengl v. L3Harris

63 #4

Exhibit D - Norton v. Mass General Brigham

63 #2

Exhibit B - Brown v. Mitre

63 #1

Exhibit A - Hughes v. Northwestern

#26

(#62) SUPPLEMENT Defendants' Notice Of Supplemental Authority. (Attachments: #1 Exhibit A)(Related document(s) #26 ) (Hines, Michael) (Entered: 04/25/2023)

6 #6

Main Document

5 #1

Exhibit Certificate of Good Standing

5 #5

Main Document

4 #1

Exhibit Certificate of Good Standing

4 #4

Main Document

2 #1

MAP General Order

2 #2

Main Document

1 #1

Civil Cover Sheet Civil Cover Sheet

1 #1

Main Document

87 More Documents Available
View All Documents

 

Docket Entries

  • 05/23/2023
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  • Docket(#70) CLERK'S JUDGMENT (Diefenbach, Tracy) (Entered: 05/23/2023)

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  • 05/23/2023
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  • Docket(#69) Minute Entry. Proceedings held before District Judge Brian C. Wimes: ORAL ARGUMENT held on 5/23/2023.Counsel appear as indicated. Court holds oral arguments on Doc. #26 DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED CLASS ACTION COMPLAINT. Court orally grants Doc. #26 DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED CLASS ACTION COMPLAINT. Court further orally denies any request to amend the pleadings and dismisses Count 2 as set forth on the record. Counsel appearing for Plaintiff(s): Mark Gyandoh. Counsel appearing for Defendant(s): Joe Hatley, Michael Hines, Mary Grinman. Time in court: 2:35 pm to 3:35 pm. To order a transcript of this hearing please contact Denise Halasey, 816-512-5657, denise_halasey@mow.uscourts.gov. This is a TEXT ONLY ENTRY. No document is attached. (Diefenbach, Tracy) (Entered: 05/23/2023)

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  • 05/17/2023
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  • Docket(#68) NOTICE of appearance by W. Joseph Hatley on behalf of All Defendants (Attorney W. Joseph Hatley added to party John Does 1 - 30(pty:dft), Attorney W. Joseph Hatley added to party O'Reilly Automotive 401(k) Plan Investment Committee(pty:dft), Attorney W. Joseph Hatley added to party O'Reilly Automotive, Inc(pty:dft), Attorney W. Joseph Hatley added to party The Board of Directors of O'Reilly Automotive, Inc(pty:dft))(Hatley, W.) (Entered: 05/17/2023)

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  • 04/28/2023
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  • Docket(#67) NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Oral Argument ON (Doc. No. #26 ) DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED CLASS ACTION COMPLAINT set for 5/23/2023 02:30 PM in Courtroom 7D, Kansas City (BCW) before District Judge Brian C. Wimes. (Diefenbach, Tracy) (Entered: 04/28/2023)

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  • 04/26/2023
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  • Docket(#66) SUPPLEMENT Defendants' Response To #63 Plaintiffs' Notice Of Supplemental Authorities. (Attachments: #1 Exhibit A)(Related document(s) #26 ) (Hines, Michael) (Entered: 04/26/2023)

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  • 04/26/2023
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  • Docket(#65) ORDER granting #64 motion for leave to file Response to Plaintiffs' Notice of Supplemental Authorities. Signed on 4/26/2023 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Entered: 04/26/2023)

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  • 04/25/2023
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  • Docket(#64) MOTION for leave to file Response to #63 Plaintiffs' Notice of Supplemental Authorities filed by Michael S Hines on behalf of All Defendants. Suggestions in opposition/response due by 5/9/2023 unless otherwise directed by the court. (Attachments: #1 Exhibit 1 - Defendants' Response To Plaintiffs' Notice Of Supplemental Authorities)(Hines, Michael) (Entered: 04/25/2023)

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  • 04/25/2023
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  • Docket(#63) SUPPLEMENT Plaintiffs' Notice of Supplemental Authorities in Opposition to Defendant's Motion to Dismiss. (Attachments: #1 Exhibit A - Hughes v. Northwestern, #2 Exhibit B - Brown v. Mitre, #3 Exhibit C- Lucera v. Credit Union, #4 Exhibit D - Norton v. Mass General Brigham, #5 Exhibit E - Monteiro v. Children's Hospital, #6 Exhibit F - Stengl v. L3Harris)(Related document(s) #26 ) (Gyandoh, Mark) (Entered: 04/25/2023)

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  • 04/25/2023
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  • Docket(#62) SUPPLEMENT Defendants' Notice Of Supplemental Authority. (Attachments: #1 Exhibit A)(Related document(s) #26 ) (Hines, Michael) (Entered: 04/25/2023)

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  • 04/25/2023
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  • Docket(#61) ORDERED Plaintiffs' motions for leave to file new relevant authorities (Docs. #57 & #59) are GRANTED. ORDERED Defendants' motion for leave to file a notice of supplemental authority (Doc. #60) is GRANTED. Signed on 4/25/23 by District Judge Brian C. Wimes. (Diefenbach, Tracy) (Entered: 04/25/2023)

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56 More Docket Entries
  • 05/20/2022
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  • Docket(#9) RETURN OF WAIVER OF SERVICE filed by Gilbert Ontiveros, Connie Enderle, Kathleen Vincent, Erica Barrett, Edward Q Ingerson, II, Penny Kenoyer. Waiver sent to The Board of Directors of O'Reilly Automotive, Inc on 5/20/2022, answer due 7/19/2022. (Gyandoh, Mark) (Entered: 05/20/2022)

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  • 05/20/2022
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  • Docket(#8) RETURN OF WAIVER OF SERVICE filed by Gilbert Ontiveros, Connie Enderle, Kathleen Vincent, Erica Barrett, Edward Q Ingerson, II, Penny Kenoyer. Waiver sent to O'Reilly Automotive, Inc on 5/20/2022, answer due 7/19/2022. (Gyandoh, Mark) (Entered: 05/20/2022)

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  • 05/04/2022
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  • Docket(#7) ORDER granting #4 , #5 , #6 motion to appear pro hac vice entered by Clerk of Court. Attorney Donald R. Reavey, Gabrielle P Kelerchian and Mark K. Gyandoh for Erica Barrett, Kathleen Vincent, Connie Enderle, Edward Q Ingerson II, Penny Kenoyer and Gilbert Ontiveros allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached. (Berner, Crystal) (Entered: 05/04/2022)

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  • 05/04/2022
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  • Docket(#6) Motion to allow Mark K Gyandoh to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7916169) filed by Kelly M Spann on behalf of All Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing)(Spann, Kelly) (Entered: 05/04/2022)

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  • 05/04/2022
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  • Docket(#5) Motion to allow Gabrielle P Kelerchian to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7916153) filed by Kelly M Spann on behalf of All Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing)(Spann, Kelly) (Entered: 05/04/2022)

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  • 05/04/2022
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  • Docket(#4) Motion to allow Donald R Reavey to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-7916092) filed by Kelly M Spann on behalf of All Plaintiffs. (Attachments: #1 Exhibit Certificate of Good Standing)(Spann, Kelly) (Entered: 05/04/2022)

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  • 05/03/2022

  • Docket(#3) NOTICE OF REASSIGNMENT from Magistrate Judge David P. Rush to Magistrate Judge Jill A. Morris. Please note the new case number: 6:22-cv-03111-JAM. (Keller, Jeanne) (Entered: 05/03/2022)

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  • 05/02/2022

  • DocketNOTICE OF MAGISTRATE JUDGE ASSIGNMENT as to Plaintiffs: All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge assignment. Click # here for instructions. Form due by 5/23/2022 unless otherwise directed by the court. (Keller, Jeanne) (Entered: 05/02/2022)

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  • 05/02/2022
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  • Docket(#2) NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Keller, Jeanne) (Entered: 05/02/2022)

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  • 05/02/2022
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  • Docket(#1) COMPLAINT against All Defendants filed by Kelly M Spann on behalf of All Plaintiffs. Filing fee $402, receipt number AMOWDC-7912081. Service due by 8/1/2022 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Spann, Kelly) (Entered: 05/02/2022)

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