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14-4996 - MENDENHALL v. OUT OF STATE INFRASTRUCTURE, INC. RETIREMENT PLAN et al


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14-4996 - MENDENHALL v. OUT OF STATE INFRASTRUCTURE, INC. RETIREMENT PLAN et al
August 7, 2017
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MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/4/17. 8/7/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )
August 7, 2017
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ORDER THAT DEFENDANT OUT OF SITE INFRASTRUCTURE INC'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED ON COUNTS II AND III IN REGARD TO PLAINTIFF'S CLAIM THAT HE USED A PROPER REPRESENTATIVE IN THIS CASE TO REPRESENT THE PLAN AND ITS MEMBERS, CURRENT AND FORMER, AND THAT THE CASE MAY PROCEED AS A CLASS ACTION. DEFENDANT OUT OF SITE INFRASTRUCTURE INC RETIREMENT PLAN'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED ON COUNTS II AND III IN REGARD TO PLAINTIFF'S CLAIM THAT HE IS A PROPER REPRESENTATIVE IN THIS CASE TO REPRESENT THE PLAN AND ITS MEMBERS, CURRENT AND FORMER, AND THAT THE CASE MAY PROCEED AS A CLASS ACTION. ALL CLAIMS PLAINTIFF PURPORTS TO MAKE A "REPRESENTATIVE" OF THE PLAN OR ITS PARTICIPANTS ARE DISMISSED. THE ONLY REMAINING CLAIS AGAINST DEFENDANTS OUT OF SITE INFRASTRUCTURE INC AND OUT OF SITE INFRASTRUCTURE INC. RETIREMENT PLAN IN COURTS II AND III INVOLVE PLAINTIFF'S INDIVIDUAL RETIREMENT ACCOUNT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/4/17. 8/7/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )