McDowell et al v. Price et al

Filing 270

ORDER that pltf's 268 Appeal of the Magistrate Judge's Order 257 denying pltfs' motion to exclude testimony by the Friday Law Firm is hereby DENIED. Signed by Judge Susan Webber Wright on 3/23/10. (vjt)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION KENNITH McDOWELL, ROBERT MAULDING, GREGORY J. STICKNEY, LUTHER STRIPLING, RUDY KYLE, FRED DOLLAR, JAMES JOSLIN, and JAMES MILNER, * * * * * * Plaintiffs, * * vs. * * * * ELBERT PRICE, individually and as Trustee * for Bud Price's Excavating Service, Inc. * Profit-Sharing Plan and for Price's Utility * Contractors, Inc. Retirement Plan; MARY * RUTH PRICE, individually and as Trustee * for Bud Price's Excavating Service, Inc. * Profit-Sharing Plan and for Price's Utility * Contractors, Inc. Retirement Plan; Bud Price's * Excavating Service, Inc. Profit-Sharing Plan; * and Price's Utility Contractors, Inc. * Retirement Plan; Price's Utility Contractors, * Inc. as plan administrator for Price's Utility * Contractors, Inc. Retirement Plan and * Bud Price's Excavating Service, Inc. as plan * Administrator of Bud Price's Excavating * Service, Inc. Profit-Sharing Plan, * * Defendants. * ORDER Plaintiffs' appeal [doc.#268] of the Magistrate Judge's Order [doc.#257] denying plaintiffs' motion to exclude testimony by the Friday law firm has been considered by the Court and is hereby denied.1
Plaintiffs note that the Magistrate Judge's Order also appears in docket entry #259. The Clerk's Office mistakenly filed the Magistrate Judge's Order in docket entry #259 and corrected its error by making clear that docket entry # 259 is actually the Magistrate Judge's Proposed Partial Findings and Recommendations dated March 8, 2010, recommending that plaintiffs'
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No. 4:08cv003979 SWW

IT IS SO ORDERED this 23rd day of March 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

motion [doc.#118] to set aside defendants' July 27, 2009 Amendment of the Bud Price's Excavating Service, Inc. Profit Sharing Plan be denied without prejudice.

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