Springate

MEMORANDUM **

Weighmasters Murphy, Inc., the Money Purchase Pension Plan (“Plan”), Charles Murphy, John Murphy, and Frank Murphy (“Appellants”) appeal the district court’s grant of summary judgment in favor of Dan Springate. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Reviewing summary judgment de novo, 1 we find that the district court properly held Appellants liable for breach of their fiduciary duties. 2 Appellants concede that they breached their duties. 3 Indeed, they were entirely unaware of their duties.

The district court’s award was not clear error. 5 The district court’s calculation of loss beginning in the year that Appellants assumed sole responsibility over the Plan’s administration properly attributed Appellants’ breaches to the award.

The remainder of the issues Appellants raise are without merit.

Springate, as the prevailing party on appeal, is presumptively entitled to his attorney’s fees. Appellants’ culpability and the merits of their position in this appeal favor an award of attorney’s fees and costs to Springate. 6 Springate shall file a motion and proof of his claim with the clerk for referral to the Appellate…