Washington v. CT Corp Systems, et al

Filing 23

ORDER finding as moot 10 Motion to Dismiss Party; denying 17 Motion for Default Judgment; granting 20 Motion to Dismiss Party. Ordered by Judge Clay D. Land on 7/6/2011. (jbo)***

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
ELIJAH R. WASHINGTON,

*

Plaintiff,

*

vs.

*

CT CORP. SYSTEMS and VERIZON
WIRELESS,

*

CASE NO. 3:11-CV-29 (CDL)
*
Defendants,
*
vs.
*
VERIZON COMMUNICATIONS INC. and
VERIZON PENSION PLAN FOR MID- *
ATLANTIC ASSOCIATES,
*
Intervenor Defendants.
*
O R D E R
In

this

action,

Plaintiff

Elijah

R.

Washington

(“Washington”) seeks benefits under the Verizon Pension Plan for
Mid-Atlantic

Associates

(“Pension

Plan”).

Washington

also

alleges that his former employer, Verizon Communications Inc.
(“Verizon

Communications”),

violated

the

Employee

Retirement

Income Security Act of 1974 and the Securities Act of 1933.1
Washington, who is proceeding pro se, initially named CT
Corp. Systems and Verizon Wireless as Defendants.

Washington

subsequently filed a Motion Requesting the Removal of CT Corp.
1

Washington was employed by Bell Atlantic Corporation, which is a
predecessor of Verizon Communications.

Systems and Verizon Wireless from this Suit (ECF No. 20) which
the Court now grants.
dismissed

from

this

CT Corp. Systems and Verizon Wireless are
action

without

prejudice.

Accordingly,

Defendant Verizon Wireless’s Motion to Dismiss (ECF No. 10) is
moot.
Also

presently

pending

before

the

Court

Motion for Default Judgment (ECF No. 17).
Rules

of

Civil

Procedure,

a

plaintiff

is

Washington’s

Under the Federal

may

seek

a

default

judgment when “a party against whom a judgment for affirmative
relief is sought has failed to plead or otherwise defend.”
R. Civ. P. 55.
Communications

Fed.

Here, the only remaining Defendants, Verizon
and

the

Washington’s Complaint.

Pension

Plan,

have

both

answered

See Answer & Defenses of Intervenor

Defendants Verizon Communications Inc. & Verizon Pension Plan
for

Mid-Atlantic

Associates,

ECF

No.

15.

Therefore,

Washington’s Motion for Default Judgment (ECF No. 17) is denied.
IT IS SO ORDERED, this 6th day of July, 2011.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE

2