Shope v. Frontier Communications Corporation et al

Filing 36

ORDER re 34 Certification of Initial Attorneys Conference and Discovery Plan. Hearing set for 4/17/2015 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Signed by Magistrate Judge Dennis Howell on 04/08/2015. (klb)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
BRYSON CITY DIVISION
2:14 CV 29

GEORGE W. SHOPE,

)
)
Plaintiff
)
)
v
)
)
FRONTIER COMMUNICATIONS
)
CORPORATION, FRONTIER
)
COMMUNICATIONS CORPORATE
)
SERVICES, INC. SOUTHEASTERN PLAN )
FOR HOURLY PAID EMPLOYEES’
)
PENSIONS SERVICES; and its
)
EMPLOYEE BENEFITS COMMITTEE,
)
As the Plan Fiduciary and Administrator; )
HEWITT ASSOCIATES, LLC,
)
)
Defendants.
)

ORDER

THIS MATTER has come before the undersigned pursuant to a Certification
and Report of F.R.C.P. 26(f) Conference and Discovery Plan (#34) from which the
parties requests that the Court enter a Pretrial Order and Case Management Plan.
After an examination of the Certification and Report and the pleadings in this matter,
the undersigned has determined to schedule a hearing regarding the preparation of
the Pretrial Order and Case Management Plan in this matter. Not excluding other
issues that may arise, the undersigned directs the parties to be prepared to discuss
the following issues:
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(1)

Whether the caption in this matter should now be amended pursuant to

the Second Amended Complaint (#33) to show that Frontier Communications
Pension Plan is the appropriate defendant rather than Frontier Communications
Corporate Services, Inc. and Southeastern Plan for Hourly Paid Employees’
Pensions Services and its employee benefits plan;
(2)

Whether or not the caption in this proceeding should now show that the

appropriate defendant is Frontiers Retirement Investment and Administration
Committee rather than its Employee Benefits Committee;
(3)

Why Hewitt Management Company, LLC has not filed the Answer to

the Plaintiff’s First Amended Complaint which was attached as an exhibit to the
Memorandum in Support of Motion to Set Aside Default. (#21) (#21-2) Is the
appropriate defendant Hewitt Management Company, LLC or Hewitt Associates,
LLC?
(4)

Whether or not Plaintiff is entitled to a jury trial in this matter.

The Court will conduct a hearing regarding these and any other issues that
may arise concerning the preparation of the Pretrial Order and Case Management
Plan and counsel for the parties are required to attend this hearing
ORDER
IT IS, THEREFORE, ORDERED the Court will conduct a hearing on

2

Friday, April 17, 2015 at 2:00 p.m. in Courtroom #2 of the United States
Courthouse in Asheville, North Carolina. Counsel for the parties are required to
attend this hearing.

Signed: April 8, 2015

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