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)

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