Not that I doubt that you are correct, could you provide the links or references that indicate Herman was dropped from the suit? The file you provided contained the following:
...”PAGE 14: Defendant Herman Cain (“Cain”) was at all relevant times a director of 38. Aquila and served as the chair of the Compensation Committee at all relevant times until 2003.
PAGE 15: During the time periods specified above, defendants Hockaday, Crow, Kline, Cain and Ikenberry were members of the Compensation Committee. The Compensation Committee was responsible for reviewing policies, practices and procedures covering compensation of key employees, and establishing and administering compensation programs and plans...”
I did find the following website however no case documents show any of the Board being removed from the suit:
Wolf Haldenstein successfully defended a motion to dismiss the action, successfully moved for class certification, and engaged in substantial discovery efforts before a settlement of the case was reached. By Settlement Agreement dated July 20, 2007, which was approved by a Final Order and Judgment dated November 29, 2007, the Class was provided with a cash payment of $10.5 million as well as substantial non-monetary benefits valued at many millions of dollars.
http://www.whafh.com/modules/case/index.php?action=view&id=846
Herman Cain was the chairman of the compensation committee that oversaw pay and bonus’ for executives and other positions. There was a Pension and Benefits committee and a retirement committee. Herman Cain was not on either one of those. Thus Cain didn’t come across the activity and paperwork to see what was going on with these committees.
The lawsuit that was filed named all sorts of people at the top even if they didn’t have basic oversight at issue with the lawsuit. Class action lawsuits tend to always do this.