MENDENHALL v. OUT OF STATE INFRASTRUCTURE, INC. RETIREMENT PLAN et al

Filing 72

ORDER THAT DEFENDANT OUT OF SITE INFRASTRUCTURE INC'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED ON COUNTS II AND III IN REGARD TO PLAINTIFF'S CLAIM THAT HE USED A PROPER REPRESENTATIVE IN THIS CASE TO REPRESENT THE PLAN AND ITS MEMBER S, CURRENT AND FORMER, AND THAT THE CASE MAY PROCEED AS A CLASS ACTION. DEFENDANT OUT OF SITE INFRASTRUCTURE INC RETIREMENT PLAN'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED ON COUNTS II AND III IN REGARD TO PLAINTIFF'S CLAIM THAT HE I S A PROPER REPRESENTATIVE IN THIS CASE TO REPRESENT THE PLAN AND ITS MEMBERS, CURRENT AND FORMER, AND THAT THE CASE MAY PROCEED AS A CLASS ACTION. ALL CLAIMS PLAINTIFF PURPORTS TO MAKE A "REPRESENTATIVE" OF THE PLAN OR ITS PARTICIPANTS ARE DISMISSED. THE ONLY REMAINING CLAIS AGAINST DEFENDANTS OUT OF SITE INFRASTRUCTURE INC AND OUT OF SITE INFRASTRUCTURE INC. RETIREMENT PLAN IN COURTS II AND III INVOLVE PLAINTIFF'S INDIVIDUAL RETIREMENT ACCOUNT. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/4/17. 8/7/17 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRJCT COURT
FOR THE EASTERN DISTRJCT OF PENNSYLVANIA
JASON MENDENHALL,
Plaintiff,

CIVIL ACTION
NO. 14-4996

v.
OUT OF SITE INFRASTRUCTURE, INC., et
al.,
Defendant.

ORDER
AND NOW, this 4th day of August 2017, upon consideration of Defendant Out of Site

Infrastructure, Inc. 's Motion for Judgment on the Pleadings (Doc. No. 66), Defendant Out of Site
Infrastructure Inc., Retirement Plan's ("the Plan") Motion for Judgment on the Pleadings (Doc.
No. 68), 1 Plaintiffs Response in Opposition to Defendant Out of Site Infrastructure, Inc.'s ("Out
of Site") Motion for Judgment on the Pleadings (Doc. No. 69), Defendants' Response in Support
of the Motions for Judgment on the Pleadings (Doc. No. 70), and in accordance with the Opinion
issued this day, it is ORDERED as follows:
1.

Defendant Out of Site Infrastructure, Inc. 's Motion for Judgment on the Pleadings

(Doc. No. 66) is GRANTED on Counts II and III in regard to Plaintiffs claim that he is a proper
representative in this case to represent the Plan and its members, current and former, and that the
case may proceed as a class action;

1

In its Motion for Judgment on the Pleadings, Defendant Out of Site Infrastructure Inc.,
Retirement Plan (Doc. No. 68) requests to join in Defendant Out of Site Infrastructure, Inc. 's
Motion for Judgment on the Pleadings (Doc. No. 66). The Court will Grant this request. The
Motions will be jointly considered.

2.

Defendant Out of Site Infrastructure Inc. Retirement Plan's Motion for Judgment

on the Pleadings (Doc. No. 68) is GRANTED on Counts II and III in regard to Plaintiffs claim
that he is a proper representative in this case to represent the Plan and its members, current and
former, and that the case may proceed as a class action; 2
3.

All claims Plaintiff purports to make as "representative" of the Plan or its

participants are DISMISSED;
4.

The only remaining claims against Defendants Out of Site Infrastructure, Inc. and

Out of Site Infrastructure Inc., Retirement Plan in Counts II and III involve Plaintiffs individual
retirement account.
BY THE COURT:

2

Because Defendant Out of Site Infrastructure Inc., Retirement Plan's Motion for Judgment on
the Pleadings (Doc. No. 68) is considered a joint motion with Defendant Out of Site
Infrastructure, Inc. 's Motion for Judgment on the Pleadings (Doc. No. 66), the Motions will be
granted for the same reasons as discussed in the Opinion of the Court accompanying this Order.