CMS Energy Corporation ERISA Litigation

The In re CMS Energy ERISA Litigation Complaint was filed in the United States District Court for the Eastern District of Michigan on behalf of Plaintiffs and a class (the "Class") of all persons who were participants in or beneficiaries of the Employees’ Savings and Incentive Plan of Consumers Energy Company ("the Plan") during the Class Period.

The Complaint alleges that during the Class Period, the Defendants breached their fiduciary duties to Plaintiffs and the Class members by:

• failing to prudently and loyally manage the Plan’s assets;
• failing to provide participants with complete and accurate information regarding CMS stock sufficient to advise participants of the true risks of investing their retirement savings; and,
• failing to properly monitor the performance of their fiduciary appointees, and remove and replace those whose performance was inadequate.

For inquiries on the settlement or to update your address, please e-mail:
cmssettlement@gardencitygroup.com

June 28, 2006

Keller Rohrback announces final court approval of the $28M settlement in the CMS Energy ERISA litigation. For details regarding the final approval of the settlement, please review case documents below.

March 23, 2006

Keller Rohrback announces Preliminary Approval of the $28 million dollar CMS Settlement (less attorneys’ fees and costs) to pay claims to all persons who were participants or beneficiaries in the CMS Plans during the period from August 3, 2000 through December 27, 2004 (“Class Period”).