Savani v. Washington Safety Management Solutions LLC et al

Filing 300

ORDER granting 273 Motion for Entry of Partial Judgment under Rule 54b Signed by Honorable J Michelle Childs on 11/19/2013. (Attachments: # 1 Exhibit Primary Class No Benefits)(asni, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
NOORALI “SAM” SAVANI, individually
and on behalf of others similarly situated,
Plaintiff,
v.
URS PROFESSIONAL SOLUTIONS,
LLC, et al.,
Defendants,

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) Civil Action No.: 1:06-cv-02805-JMC
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ORDER ON DEFENDANTS’ CROSS-MOTION FOR JUDGMENT
REGARDING PRIMARY CLASS MEMBERS NOT CURRENTLY OWED BENEFITS
UPON CONSIDERATION OF the Defendants’ Cross-Motion for Partial Final Judgment
(Doc. No. 273) and the entire record in this case, it is this 19th day of November, 2013 ordered,
and the Court finds that judgment should be entered in favor of Defendants on the merits of
Plaintiffs’ claim for benefits only under ERISA § 502(a)(1)(B) for those members of the Primary
Class who are not currently owed any supplemental benefits and without prejudice to other
potential claims by such individuals who have not elected or did not elect early retirement. The
Court finds, consistent with the previous orders and findings of this court, that members of the
Primary Class who are not currently owed any supplemental benefits shall be entitled to such
benefits if and when they meet the requirements of Section 4.12 (a) of the Plan in the future. For
purposes of this Order, the term “Primary Class” shall include members of the “Class” but not in
the “Subclass” as those terms are defined by this Court’s order dated August 28, 2012 (Doc. No.
204). As such, the Court hereby enters partial judgment on the claims asserted in this matter on
behalf of the Primary Class as follows:

1. There are currently no supplemental benefits owed to the members of the Primary
Class identified in the Exhibit attached to this Order (Exhibit 2) under the terms of
Section 4.12(a) of the Plan. Therefore, the Defendants are awarded judgment in their
favor with regard to such Primary Class members on the merits of those Plaintiffs’
claim for benefits only under ERISA § 502(a)(1)(B), without prejudice to other
potential claims by such individuals who have not elected or did not elect early
retirement. This judgment confirms that Primary Class members are entitled to
receive accrued supplemental benefits under Section 4.12 of the Plan if and when
such Primary Class members meet the requirements of Section 4.12 of the Plan.
2. Consistent with all prior orders and opinions of the Court, this Court declares that the
Primary Class members have a right to the accrued supplemental benefits under
Section 4.12 of the Plan. If and when the Primary Class members in Exhibit 2 meet
the remaining requirements of Section 4.12 of the Plan, Defendant URS Professional
Solutions Plan (the “Plan”) shall pay or cause to be paid the supplemental benefits
owed to those members of the Primary Class on a monthly basis as such benefits are
due in accordance with Section 4.12(a) of the Plan.
The clerk is directed to enter partial judgment consistent with this order pursuant to Fed.
R. Civ. P. 54(b).
IT IS SO ORDERED.

United States District Judge
November 19, 2013
Greenville, South Carolina

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