TIBBLE

FURTHER ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT; ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT IN PART

I. INTRODUCTION

On July 17, 2009, the Court issued an Order Denying Plaintiffs’ Motion for Partial Summary Judgment and Granting Defendants’ Motion for Summary Judgment in Part (“July 17 Order”). The Court ordered supplemental briefing on Plaintiffs’ prohibited transaction claims arising out of the float that State Street retained on Plan assets pending distribution to the Plan participants. Having now considered the parties’ supplemental briefing, the Court GRANTS summary judgment for Defendants on Plaintiffs’ prohibited transaction claims arising out of float. The Court also clarifies its earlier ruling and GRANTS summary judgment for Defendants for all other claims arising out of State Street’s retention of float. The Court finds, however, that a triable issue exists as to whether the fees from the Money Market fund were imprudent.

II. ANALYSIS

A. State Street’s Retention of Float — Prohibited Transactions

The Court ordered supplemental briefing on two issues: (1) whether the defendant fiduciaries caused the Plan to engage in a transaction that…