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01-1425 - Cook, et al v. Campbell, et al


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01-1425 - Cook, et al v. Campbell, et al
March 30, 2007
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MEMORANDUM OPINION AND ORDER granting 41 motion for judgment on the pleadings in part as follows: (1) Plfs' RICO claim in Count 5 be and the same is hereby DISMISSEDwith prejudice on the ground that Plaintiffs lack standing to bring a RICO claim; (2) Plfs' state law claims in Counts 1, 2, 3, 4, 5 and 6 be and the same arehereby DISMISSED with prejudice on the ground of ERISA preemption;(3) to the extent that Plfs bring their breach of fiduciary duty claims (Counts7, 8, 9, 10, 11 and 12) under either ERISA 502(a)(2) or ERISA 502(a)(3), said claimsbe and the same are hereby DISMISSED with prejudice because Plfs have notrequested relief which is available under these statutory provisions;(4) Plaintiffs' ERISA equitable estoppel claim in Count 13 be and the same ishereby DISMISSED with prejudice on the ground that the relief sought is akin to legalrelief which is unavailable pursuant to ERISA 502(a)(3)(B); and(5) Count 14, which is a separate count requesting attorney's fees and costs, beand the same is hereby DISMISSED with prejudice as redundant and unnecessary; further CONSIDERING and ORDERING that Campbell's motion for judgment on the pleadings be and the same is hereby DENIED to the extent that the court construes the complaint, as amended, as asserting a claim for recovery of benefits under ERISA 502(a)(1)(B); the action, thus, proceeds on this sole claim. Signed by Judge Ira De Ment on 3/30/07. (Attachments: # (1) civil appeals checklist)(djy, )
May 12, 2008
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MEMORANDUM OPINION AND ORDER, denying 101 MOTION for Reconsideration filed by Pamela L. Owen, Mary Ann Myles, Margie D. Dexter, James R. Dexter, Debra S. Walker, Mark Staples, Judy Johnsey, Mary Joan Greene, Gail McGee, Binita L. Cook, Cheryl Shanklin.. Signed by Honorable Ira De Ment on 5/12/08. (Attachments: # (1) appeals checklist)(vma, )
May 12, 2008
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MEMORANDUM OPINION AND ORDER, it is Considered and Ordered that summary judgment, as sua sponte revisited by the court on the ground of res judicata, be and the same is hereby entered in favor of Defendant Boyd F. Campbell on Plaintiffs' 502(a)(1)(B) claim as further set out. Signed by Honorable Ira De Ment on 5/12/08. (Attachments: # (1) appeals checklists)(vma, )