Case 1:12-cv-03833-JMF Document 16

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IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF NEW YORK _________________________________________ ) PENSION BENEFIT GUARANTY ) CORPORATION, ) ) ) Plaintiff, ) ) v. ) ) DEWEY & LEBOEUF LLP, ) ) Defendant. ) ) _________________________________________ )

Case No. 12-CIV-3833 (JMF) ECF Case

PENSION BENEFIT GUARANTY CORPORATIONS MOTION FOR SUMMARY JUDGMENT The Pension Benefit Guaranty Corporation (PBGC) hereby moves this Court pursuant to Rule 56 of the Federal Rules of Civil Procedure for Summary Judgment. As established in PBGCs administrative record, and as more fully set forth in the accompanying memorandum in support and statement of material facts, this matter presents no genuine issue as to any material fact, and PBGCs is entitled to judgment as a matter of law.

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WHEREFORE, PBGC requests this Court to grant its motion for summary judgment and enter the relief set forth in the proposed Summary Judgment Order and grant such other and further relief as the Court deems appropriate.

Dated:

Washington, D.C. June 1, 2012 Respectfully submitted,

/s/Charles L. Finke ISRAEL GOLDOWITZ Chief Counsel CHARLES L. FINKE Deputy Chief Counsel JOEL W. RUDERMAN Assistant Chief Counsel SCOTT V. WAGNER ERIN C. KIM Attorneys PENSION BENEFIT GUARANTY CORPORATION

Office of the Chief Counsel 1200 K Street, N.W. Washington, D.C. 20005-4026 Phone: (202) 326-4020 ext. 3588 Fax: (202) 326-4112 E-mail: finke.charles@pbgc.gov Attorneys for Plaintiff Pension Benefit Guaranty Corporation

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IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF NEW YORK _________________________________________ ) PENSION BENEFIT GUARANTY ) CORPORATION, ) ) Plaintiff, ) ) v. ) ) DEWEY & LEBOEUF LLP, ) ) Defendant. ) ) _________________________________________ )

Case No. 12-CIV-3833 (JMF) ECF Case

SUMMARY JUDGMENT ORDER Upon consideration of the Motion of the Pension Benefit Guaranty Corporation for Summary Judgment, and Memorandum in Support thereof, and good cause having been shown, it is hereby: ORDERED that Plaintiff PBGCs motion for summary judgment is GRANTED; and it is ORDERED that the Dewey & LeBoeuf LLP Pension Plan, the Dewey & LeBoeuf LLP Cash Balance Retirement Plan, and the Dewey & LeBoeuf 2007 Partners Cash Balance Plan (each the Plan and collectively, the Plans) are terminated under 29 U.S.C. 1342(c); and it is ORDERED that PBGC is appointed as statutory trustee of each Plan under 29 U.S.C. 1342(c); and it is ORDERED that May 11, 2012 is established as the termination date of each Plan under 29 U.S.C. 1348(a)(4); and it is

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ORDERED Dewey & LeBoeuf LLP, its agents and all other persons or entities having possession, custody, or control of any records, assets, or other property regarding each Plan and any documents required to determine the benefits payable to participants of each Plan, to transfer, convey, and deliver all such records, assets, property, and documents to PBGC pursuant to 29 U.S.C. 1342(d)(1); and ORDERED that Dewey & LeBoeuf LLP and its agents furnish PBGC, at PBGCs request, any information with respect to each Plan that PBGC may reasonably need in order to administer each Plan, pursuant to 29 U.S.C. 1342(d)(1)(A)(vii) and (f).

Dated: New York, New York June__, 2012

_______________________________ United States District Judge

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CERTIFICATE OF SERVICE I hereby certify that a copy of Pension Benefit Guaranty Corporations Motion for Summary Judgment, along with supporting documents Text of Proposed Order, Memorandum in Support with Exhibits 1 & 2, and Local Rule 56.1 Statement of Material Facts was filed electronically via the courts CM/ECF system and served on all registered users, and additionally was served by email this 1st day of June 2012, on the following: Harold Ashner Keightley & Ashner LLP One Metro Center 700 12th Street, N.W., Suite 700 Washington, D.C. 20005 Email: haroldashner@keightleyashner.com Counsel for Defendant Dewey & LeBoeuf LLP

/s/Charles L. Finke Charles L. Finke Deputy Chief Counsel