Retirement Committee of DAK Americas LLC, et al v. Smith, et al

Filing 85

ORDER granting 81 Motion to Stay regarding 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding 58 Counterclaim - The clerk is directed to terminate the motion to dismiss (DE 72). Signed by District Judge Louise Wood Flanagan on 07/18/2014. (Baker, C.)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION CIVIL ACTION FILE NO. 7:14-cv-00036-FL RETIREMENT COMMITTEE OF DAK AMERICAS LLC, AS PLAN ADMINISTRATOR OF THE DAK AMERICAS LLC PENSION PLAN, AND TRANSAMERICA RETIREMENT SOLUTIONS CORPORATION, Plaintiffs v. DAVID W. ALLEN, MICHAEL LYNN BASS, JOSEPH ALEXANDER BELLAMY, MARK STEPHEN BREWER, JEROME BRYANT, HAROLD E. CORBETT, KELVIN L. GALLOWAY, WARREN ALBERT GARRISON, JAMES F. HOLLAND, WILLIAM LACEY NELSON, SIDNEY HUGH RHODES, JIMMIE RAY SELLERS, MENDELL W. SMITH, RODNEY B. SMITH, AND OTELLA IRENE WEBB, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER THIS CAUSE COMING ON TO BE HEARD, and being heard, before the undersigned United States District Court Judge presiding, upon Defendants Mark Stephen Brewer, Harold E. Corbett, Warren Albert Garrison, James F. Holland, William Lacey Nelson, Sidney Hughes Rhodes and Jimmie Ray Sellers' Motion to Determine Moot or to Stay Plaintiffs' Motion to Dismiss. After considering the aforementioned Motion of Defendants, the matters referenced therein, and having reviewed the record and Court file, the Court enters the following Order: IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows: Defendants Mark Stephen Brewer, Harold E. Corbett, Warren Albert Garrison, James F. Holland, William Lacey Nelson, Sidney Hughes Rhodes and Jimmie Ray Sellers' Motion to Determine Moot or to Stay Plaintiffs' Motion to Dismiss shall be, and the same is hereby, GRANTED and Plaintiffs' Motion to Dismiss for Failure to State a Claim shall be deemed moot, and Defendants Mark Stephen Brewer, Harold E. Corbett, Warren Albert Garrison, James F. Holland, William Lacey Nelson, Sidney Hughes Rhodes and Jimmie Ray Sellers shall not be required to file a responsive memorandum. The clerk is directed to terminate the motion to dismiss (DE 72). SO ORDERED and signed this the ____ day of July, 2014. 18th _________________________________________ Louise W. Flanagan United States District Court Judge Presiding 2

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