Nutt et al v. Kees et al

Filing 17

ORDER directing that the administrative record be filed w/i 21 days of the date of entry of this Order, after which a determination as to how to proceed will be made. Signed by Judge Susan Webber Wright on 4/6/2011. (jct)

Nutt et al v. Kees et al

Doc. 17

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION KEVIN NUTT and LISA NUTT, * * Plaintiffs, * * * vs. * * * * * STAFFORD KEES; CARROLL COUNTY * NURSING AND REHAB CENTER, INC., an * Arkansas Corporation; OSCEOLA NURSING * HOME, LLP, an Arkansas Limited Liability * Partnership; OSCEOLA THERAPY AND * LIVING CENTER, INC., an Arkansas * Corporation; OSCEOLA HEALTHCARE, * PLLC, an Arkansas Professional * Limited Liability Company; and HOPE * HEALTHCARE, LLC, an Arkansas Limited * Liability Company, * * Defendants. * ORDER Plaintiffs Kevin Nutt and Lisa Nut bring this action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001 et seq., alleging breach of fiduciary duty under ERISA and for ERISA retaliation. By Order entered April 1, 2011 [doc.#15], the Court denied without prejudice the motion of plaintiffs to amend the ERISA Scheduling Order and stated that it will allow the parties to submit an administrative record and thereafter allow the parties to request appropriate discovery if it is determined that the administrative record is insufficient. In light of that Order, the Court directs that the administrative record be filed within twenty-one (21) days of the date of entry of this Order after which a determination as to how to

No. 3:10cv00307 SWW

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proceed will be made.

IT IS SO ORDERED this 6th day of April 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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