The Verizon Employee Benefits Committee v. Respress et al

Plaintiff: The Verizon Employee Benefits Committee
Defendant: Army Aviation Center Federal Credit Union and Clarence Respress
Case Number: 1:2014cv00155
Filed: March 7, 2014
Court: Alabama Middle District Court
Office: Dothan Office
County: XX US, Outside State
Presiding Judge: Mark E. Fuller
Referring Judge: Terry F. Moorer
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29:1132
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
June 23, 2014 23 Opinion or Order of the Court ORDER directing as follows: (1) except as provided in this order, the 17 Preliminary Injunction order entered on 4/24/2013, shall remain in full force and effect up to and including the trial in this matter; (2) the STAY of defendants' deadline to answer or otherwise respond to plf's complaint is lifted, and defendants shall answer or otherwise respond to plf's complaint no later than 7/2/2014. Signed by Honorable Judge Mark E. Fuller on 6/23/14. (djy, )
March 24, 2014 17 Opinion or Order of the Court PRELIMINARY INJUNCTION ORDER (1) pursuant to Rule 65 of the FRCP, the 4 MOTION Preliminary Injunction is GRANTED and the Amended Temporary Restraining Order 9 is converted to a Preliminary Injunction Order, which shall remain in full force and effect until the Court makes a final ruling on the merits of this action, as further set out in order; (2) The Court has determined that no costs or damages will be incurred byDefendants during the pendency of this Preliminary Injunction Order, and, therefore, no security bond will be required under Rule 65(c) of the FRCP; (3) the defendants' deadline to answer the complaint is STAYED until further notice of the Court; (4) the parties are authorized to conduct discovery in this matter for a period of forth-five (45) days from the date of entry of this order; (5) following the close of discovery, a telephone Status Conference will be held on 5/16/2014 @ 10:00 AM before Honorable Judge Mark E. Fuller, with counsel for plaintiff to arrange the call, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 3/24/14. Furnished to calendar group & WR.(djy, )
March 12, 2014 9 Opinion or Order of the Court AMENDED TEMPORARY RESTRAINING ORDER directing as follows: (1) to the extent Plaintiff The Verizon Employee Benefits Committee's 4 Motion for Temporary Restraining Order and Preliminary Injunction and for Hearing seeks a temporary restraining ord er, that motion is GRANTED; To the extent Plaintiff The Verizon Employee Benefits Committee's Motion for Temporary Restraining Order and Preliminary Injunction and for Hearing seeks a preliminary injunction and a hearing, that motion remains pen ding; A hearing on the request for preliminary injunctive relief will be set by separate Order; (2) Pending further Order of the Court, Defendants Clarence Respress and Army Aviation Center Federal Credit Union are hereby restrained and enjoined from dissipating, transferring, pledging, spending, disposing of, or encumbering the $155,970.41 Erroneous Pension Plan Payment made to Respress and AACFCU Individual Retirement Account No. XXXXX250-6 from the Pension Plan; This Temporary Restrainin g Order shall apply to the parties, the parties' officers, agents, servants, employees, and attorneys, and any other person who is in active concert or participation with the parties or the parties' officers, agents, servants, employees, an d attorneys; (3) This Temporary Restraining Order shall remain in full force and effect until 5:00 p.m., Central Standard Time, on March 24, 2014; (4) The Court has determined that no costs or damages will be incurred by Defendants during the pendenc y of this Temporary Restraining Order, and, therefore, no security bond will be required under Rule 65(c) of the Federal Rules of Civil Procedure, as further set out in order; (5) a Telephone Hearing is scheduled for 3/14/2014 @ 2:45 PM CST befo re Honorable Judge Mark E. Fuller, to be arranged by counsel for plaintiff; (6) directing the clerk to send by overnight mail a copy of this TRO to def Clarence Respress and Def Army Aviation Center Federal Credit Union, as further set out in order. Signed by Honorable Judge Mark E. Fuller on 3/12/14. Copy mailed overnight delivery, as directed. Signed by Honorable Judge Mark E. Fuller on 3/12/14. Furnished to calendar group & WR.(djy, )

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Defendant: Army Aviation Center Federal Credit Union
Represented By: Chad Wesley Bryan
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Defendant: Clarence Respress
Represented By: Billy Shaun McGhee
Represented By: Derek Evan Yarbrough
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Plaintiff: The Verizon Employee Benefits Committee
Represented By: John A. Reade
Represented By: James P. Hollihan
Represented By: John Richard Carrigan
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