Davis v. Retirement Plan of Phibro Animal Health Corporation and Subsidiaries and Affiliates et al

Filing 124

MEMORANDUM AND ORDER Granting 123 Consent MOTION to Strike Counts IV, V and VI filed by Charles L. Davis, James R. Weede. The Court STRIKES Counts IV, V and VI from the operative Amended Complaint (Doc. 114). The Court DISMISSES Counts IV a nd V with prejudice as they relate to Plaintiff Charles Davis and without prejudice as they relate to Plaintiff James Weede. The Court DISMISSES Count VI with prejudice as it relates to both Davis and Weede. The Court CLARIFIES its Order (Doc. 117) b y noting that Count II has been DISMISSED with prejudice as it relates to Davis and without prejudice as it relates to Weede. The Court AMENDS its Scheduling and Discovery Order (Doc. 112) noting there shall be no further admendments to the operative complaint. Signed by Judge J. Phil Gilbert on 4/4/11. (bkl)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS CHARLES L. DAVIS and JAMES R. WEEDE, individually and on behalf of all others similarly situated, Plaintiffs, v. RETIREMENT PLAN OF PHIBRO ANIMAL HEALTH CORPORATION AND SUBSIDIARIES AND AFFILIATES, PHIBRO ANIMAL HEALTH CORPORATION, PRINCE AGRI PRODUCTS, INC., PRINCE MINERALS, INC., JACK C. BENDHEIM, RICHARD G. JOHNSON, and DAVID C. STORBECK, Defendants. MEMORANDUM AND ORDER This matter comes before the Court on the Plaintiffs' unopposed Motion to Strike (Doc. 123). Being fully advised of the premises, the Court GRANTS the instant motion (Doc. 123), whereby the Court STRIKES Counts IV, V, and VI from the operative Amended Complaint (Doc. 114). The Court DISMISSES Counts IV and V with prejudice as they relate to Plaintiff Charles Davis and without prejudice as they relate to Plaintiff James Weede. The Court also DISMISSES Count VI with prejudice as it relates to both Davis and Weede. Further, the Court CLARIFIES its Order (Doc. 117) of February 10, 2011, by noting that Count II has been DISMISSED with prejudice as it relates to Davis and without prejudice as it relates to Weede. Finally, the Court AMENDS its Scheduling and Discovery Case No. 08-cv-779-JPG

Order (Doc. 112) of January 10, 2011, by noting that there shall be no further amendments to the operative complaint to add additional claims or plaintiffs or to make additional allegations relating to, arising from, or supporting claims that have been dismissed. IT IS SO ORDERED Dated: April 4, 2011 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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