Longo et al v. Trojan Horse, Ltd. et al

Filing 79

ORDER granting 75 Motion for Joinder. Signed by District Judge Terrence W. Boyle on 4/1/2015. The parties are reminded to read the order in its entirety. (Downing, L.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
CASE NO. 5:13-CV-00418-BO

GARIBALDI E. LONGO, ALLEN F. HESTER,
CARL W. SWANSON, PATRICK PONTE and
STEVEN L. WHITE, individually and on behalf all
others similarly situated,
Plaintiffs,
ORDER TO AMEND AND
JOIN ADDITIONAL PARTIES

v.
TROJAN HORSE LTD.; GLEN BURNIE
HAULING INC.; TROJAN HORSE LTD. 40l(K)
PLAN; BRIAN HICKS; SUSAN STUBBS; and
SHERRY JONES (formerly Sherry Korb),
Defendants.

ORDER
THIS MA TIER is before the Court upon Plaintiff's motion pursuant to the provisions of
Rules 15 and 20 of the Federal Rules of Civil Procedure for leave to amend and to join as additional
parties defendant Capitol Expressways, Inc. ("Capitol"), BDH Logistics, LLC ("BDH"), and
Ascensus Trust Company ("Ascensus"). Plaintiffs commenced this action June 11, 2013, under
the Employee Retirement Income Security Act of 1974, as amended [ERISA], 29 U.S.C. §§ 1001
et

~.,

as participants in the Trojan Horse, LTO 40 I (k) Plan ("Plan") to recover for themselves

and Plan Participants similarly situated, employee contributions to the Plan that were deducted
from their wages and never deposited into the Plan. [Doc 1]. Plaintiffs state they have learned in
discovery and have presented documents revealing that Capitol and BDH were entities related to
Defendants Trojan Horse, Ltd. and Glen Burnie Hauling, Inc., which, acting under the direction of
Defendant Brian Hicks, were also Plan Sponsors and Plan Administrators with employees who

participated in the Plan and who likewise suffered loss of their contributions to the Plan. Plaintiffs
further state they have learned and have presented documents revealing that Ascensus, formerly
Frontier Trust Company, became the trustee for the Plan under a written Trust Agreement dated
June 1, 2011, on which they contend that Ascensus assumed obligations under ERISA with respect
to the delinquent plan contributions in issue.
Review of Plaintiffs' First Amended Complaint reveals that Plaintiffs' assert a right to
relief against Capitol, BDH, and Ascensus arising out of the same transaction, occurrence, or series
oftransactions or occurrences as are alleged in the original complaint, and that questions of law or
fact common to all defendants, upon amendment, will arise in this action. Under Rule 15(a) ofthe
Federal Rules of Civil Procedure leave to amend is freely allowed when justice requires. Under
Rule 20, Courts have wide discretion to join claims, parties and remedies.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that
1)

Capitol, BDH, and Ascensus be hereby joined as parties defendant in this cause;

2)

Plaintiff are hereby ordered and directed to file the First Amended Complaint

attached as Exhibit 3 to their motion, and the caption of the case is hereby amended to reflect their
joinder;
3)

The Clerk is hereby authorized and directed to issue summons to Capitol, BDH,

and Ascensus.
This _L_ day

o~015.