Windstream Corporation et al v. Da Gragnano et al

Filing 193

DECLARATORY JUDGMENT pursuant to 192 Opinioin and Order entered this date, judgment is hereby entered in favor of pltfs against Charles J Moore, Donald F Antholz, Donald H Rempe, Dorene R Fuller, Homer A Meekins, Johnny Lee, Joseph P Wansolich, Thomas Farrell Watts, and Tyrone M Kimrey. Signed by Judge J. Leon Holmes on 2/26/13. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION WINDSTREAM CORPORATION; WINDSTREAM BENEFITS COMMITTEE; WINDSTREAM SYSTEMS OF THE MIDWEST, INC.; and VALOR TELECOMMUNICATIONS OF TEXAS, L.P., d/b/a Windstream Communications Southwest v. PLAINTIFFS No. 4:09CV00953 JLH JOHNNY LEE; HOMER A. MEEKINS; DORENE R. FULLER; DONALD H. REMPE; DONALD F. ANTHOLZ; CHARLES J. MOORE; JOSEPH P. WANSOLICH; THOMAS FARRELL WATTS; and TYRONE M. KIMREY DEFENDANTS DECLARATORY JUDGMENT Pursuant to the Opinion and Order entered separately today, judgment is entered in favor of Windstream Corporation, Windstream Benefits Committee, Windstream Systems of the Midwest, Inc., and Valor Telecommunications of Texas, L.P., d/b/a Windstream Communications Southwest, against Johnny Lee, Donald F. Antholz, Dorene R. Fuller, Tyrone M. Kimrey, Homer Meekins, Charles J. Moore, Donald H. Rempe, Thomas Farrell Watts, and Joseph P. Wansolich on plaintiffs’ claim for declaratory judgment. It is therefore declared that the plaintiffs have the right unilaterally to modify, amend, or terminate the retiree benefits that are a part of or subject to the Windstream Plan; the amendments described in the Opinion and Order entered separately today do not violate the Windstream Plan or any other agreement with the defendants; and, therefore, those amendments are legally valid. IT IS SO ORDERED this 26th day of February, 2013. J. LEON HOLMES UNITED STATES DISTRICT JUDGE

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