Shope v. Frontier Communications Corporation et al

Filing 41

ORDER pursuant to hearing on 4/17/2014. Signed by Magistrate Judge Dennis Howell on 04/23/2015. (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 came before the undersigned for hearing on April 17, 2014
pursuant to an Order (#36) entered by the undersigned scheduling a hearing
concerning the naming of parties defendant in this matter and also the issue of
whether or not Plaintiff would be entitled to a jury trial. After hearing from the
parties in this matter, the undersigned enters the following Order:
ORDER
IT IS, THEREFORE, ORDERED:
1)

That Frontier Communications Pension Plan shall provide to the
1

Plaintiff the following documents: (a) a complete copy of the Employee Benefits
Plan that applies to that which the Plaintiff is a member; (b) a copy of all documents
that shows that Frontier Communications Corporate Services, Inc. Southeastern Plan
for hourly Paid Employees’ Pensions Services has merged into “Frontier
Communications Pension Plan” and the date of such merger; (c) a copy of all
documents that show that “The Employee Benefits Committee” as the Plan
Fiduciary and Administrator as set forth in the Plaintiff’s Complaint, First Amended
Complaint, and Second Amended Complaint is now known as “Frontier’s
Retirement Investment and Administration Committee” and also all documents that
show the proper name for the plan administrator of the Employee Benefit Plan which
the Plaintiff describes in the Plaintiff’s Complaint, First Amended Complaint and
Second Amended Complaint. Such documentation shall be provided by counsel for
Frontier Communications Corporation, Frontier Communications Pension Plan and
Frontier’s Retirement Investment and Administration Committee within ten (10)
days from and after April 17, 2015. Also to be delivered at that time is a letter from
counsel

for

Defendants

Communications

Pension

Frontier
Plan,

Communications
and

Frontier’s

Corporation,
Retirement

Frontier

Investment

Administration Committee setting forth, in writing, from Defendants’ counsel the
proper of the parties who should be named as defendants in this matter;

2

2)

That the Plaintiff shall have a period of seven (7) days after the delivery

of the above referenced documents to file a Third Amended Complaint;
3)

That within seven (7) days after the filing of the Third Amended

Complaint, Defendants shall file an Answer to the Third Amended Complaint.
Defendants’ counsel shall accept service of the Plaintiff’s Third Amended
Complaint;
4)

It is FURTHER ORDERED that within seven (7) days of the filing of

the Answer of Defendants, the parties shall file a Certification and Report of Federal
Rule of Civil Procedure 26(f) Conference and Discovery Plan in accordance with
the Local Rules of Civil Procedure for the Western District of North Carolina;
5)

Plaintiff’s counsel has agreed that due to the nature of Plaintiff’s

Complaint requesting relief under 21 U.S.C. § 1132 Plaintiff is not entitled to a jury
trial in this matter.
Signed: April 23, 2015

3