Filing 6

ORDER granting in part and denying in part defendants' motion to dismiss 3 . Please see Memorandum Opinion issued this same day for further explanation. Signed by Judge Paul L. Friedman on 7/28/09. (lcplf1).

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) NATHAN LINDELL, ) ) Plaintiff, ) ) v. ) ) THE LANDIS CORPORATION 401(K) PLAN; ) LANDIS CONSTRUCTION COMPANY; ) ETHAN LANDIS, individually and in his capacity ) as an officer; HUGH JEFFREY FOX, PLAN ) ADMINISTRATOR of the LANDIS ) CORPORATION 401(K) PLAN; and JOHN ) DOES 1-5, Fiduciaries, ) ) Defendants. ) __________________________________________) Civil Action No. 08-1462 (PLF) ORDER For the reasons stated in the Memorandum Opinion issued this same day, it is hereby ORDERED that defendants' motion to dismiss [3] is granted in part and denied in part; it is FURTHER ORDERED that defendants Landis Construction Company and Ethan Landis, individually and in his capacity as an officer, are dismissed from the case; the remaining defendants will not be dismissed; and it is FURTHER ORDERED that on or before August 11, 2009 the parties shall submit a joint report to the Court indicating how they wish to proceed. SO ORDERED. /s/ PAUL L. FRIEDMAN United States District Judge DATE: July 28, 2009 2

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