Kickham Hanley P.C. v. Kodak Retirement Income Plan et al

Filing 87

ORDER dismissing the complaint, with prejudice, pursuant to 86 USCA Mandate. ***CLERK TO FOLLOW UP. Signed by Hon. David G. Larimer on 4/9/09. (EMA)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________________ KICKHAM HANLEY P.C., Plaintiff, DECISION AND ORDER 08-CV-6087L v. KODAK RETIREMENT INCOME PLAN, TRUSTEE OF THE KODAK RETIREMENT INCOME PLAN, KODAK RETIREMENT INCOME PLAN COMMITTEE, Defendants. ________________________________________________

On March 23, 2009, the Court of Appeals for the Second Circuit issued a mandate in this case, reversing this Court's grant of a preliminary injunction to plaintiff, on the grounds that the plaintiff's underlying claims are wholly barred by the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"). See 29 U.S.C. §1056(d)(1). The Court of Appeals directed that the complaint be dismissed. In accordance with that mandate, the plaintiff's claims must be dismissed, and it is hereby ORDERED that the Complaint is dismissed, with prejudice. IT IS SO ORDERED.

_______________________________________ DAVID G. LARIMER United States District Judge

Dated: Rochester, New York April 9, 2009.