Filed: Nov. 22, 2016
Latest Update: Nov. 22, 2016
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 22 nd day of November 2016, upon consideration of Defendants' Motion for partial summary judgment as to the anti-cutback and breach of fiduciary duty claims (Counts VIII, IX and X) (ECF Doc. No. 917), Plaintiffs' Opposition (ECF Doc. No. 933), Defendants' Reply (ECF Doc. No. 937), following oral argument and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 917) is GRANTED in part and DENIED
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 22 nd day of November 2016, upon consideration of Defendants' Motion for partial summary judgment as to the anti-cutback and breach of fiduciary duty claims (Counts VIII, IX and X) (ECF Doc. No. 917), Plaintiffs' Opposition (ECF Doc. No. 933), Defendants' Reply (ECF Doc. No. 937), following oral argument and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 917) is GRANTED in part and DENIED ..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 22nd day of November 2016, upon consideration of Defendants' Motion for partial summary judgment as to the anti-cutback and breach of fiduciary duty claims (Counts VIII, IX and X) (ECF Doc. No. 917), Plaintiffs' Opposition (ECF Doc. No. 933), Defendants' Reply (ECF Doc. No. 937), following oral argument and for reasons in the accompanying Memorandum, it is ORDERED Defendants' Motion (ECF Doc. No. 917) is GRANTED in part and DENIED in part:
1. On Count VIII, Defendants' Motion is DENIED as to Plaintiffs' "Beef Up" claim, and GRANTED as to Plaintiff Brooks' time-barred "Beef Up" claim; and,
2. On Count IX, Defendants' Motion is GRANTED as to any argument the 1993 Amendment to the term "Credited Service" constitutes a cutback in violation of ERISA §204(g), and DENIED as to Plaintiffs' alternative claim they are employees, not independent contractors. Plaintiffs' claim seeking credit for service as an employee will be resolved in later individual proceedings; and
3. On Count X, Defendants' Motion is GRANTED and the breach of fiduciary duty claim is dismissed.
