Judge Shabaz, WD Wisconsin, has dismissed the case brought against Deere & Co and Fidelity.

Here is the Memorandum and Order.

FYI- the most interesting part of the decision is on P 18 - the case was dismissed with prejudice which means it can never again be brought before a court alledging the same facts unlike other complaints which are dismissed without prejudice which allows a plaintiff to file a new complaint to correct the defects in the original complaint. The fun part is that the court awarded costs to the plan. The nxet step would be for the Deere defendants to file a request under ERISA to have the plaintiffs pay their legal fees.