McDowell et al v. Price et al

Filing 296

ORDER denying 293 plaintiffs' Appeal of Magistrate Judge Decision to District Court. Signed by Judge Susan Webber Wright on 4/29/10. (bkp)

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.#293] of the Magistrate Judge's April 16, 2010 Order [doc.#287], which ruled on a number of pending motions [doc.#'s 99, 126, 128, 133, 161, 201, 220, and 248], is denied. Plaintiffs are not precluded, however, from asserting their arguments in any dispositive motion or response thereto, or in an objection to any recommended disposition from

No. 4:08cv003979 SWW

the Magistrate Judge (should that recommended disposition be adverse to plaintiffs either in whole or in part).

IT IS SO ORDERED this 29th day of April 2010. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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