Brasley v. Fearless Farris Service Stations, Inc. et al
| Edward Brasley |
| Fearless Farris Service Stations, Inc., Westpoint Transportation Inc, Fearless Farris Service Station, Inc. Deferred Compensation Plan, The, Charley Jones and Shawn Davis |
| 1:2008cv00173 |
| April 17, 2008 |
| US District Court for the District of Idaho |
| Boise - Southern Office |
| Ada - Southern |
| B. Lynn Winmill |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
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The following documents for this case are available for you to view or download:
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Filing
360
MEMORANDUM DECISION AND ORDER. Plaintiffs' Renewed Motion for Award of Attorney Fees (Dkt. 351 ) is GRANTED. Defendants must pay Plaintiffs a total of $405,479.20 in fees. Plaintiffs' Motion for Leave to File Supplemental Briefing (Dkt. 356) is DEEMED MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
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Filing
323
ORDER - IT IS HEREBY ORDERED as follows: Plaintiffs Application for Order Assessing Fees for Servcies Rendered by Actuary James E. Turpin and Mediator D. Duff McKee (Dkt. 312 ) is GRANTED in part and DENIED in part. Defendants shall pay Plaintiffs & #036;35,194.79 for Mr. Turpins fees, but shall not be ordered to pay Plaintiffs portion of the mediators fees. Plaintiffs Supplemental Motion for Attorney Fees (Dkt. 313 ) is DENIED. Defendants Motion for Attorney Fees and Fees of Special Master (Dkt. 315 ) isDENIED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
310
ORDER re 305 Motion. After a de novo review, the Court adopts Mr. Husss Second Report and Recommendation as its findings and conclusions. The Court concurs that the lump sum benefit payments shall be calculated in accordance with the rates i n Code Section 417(e). The amounts shown in Exhibits C, D and E to the 9/22/2014 affidavit of Michelle M. Soderland shall be used as the final lump sum amounts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Filing
300
MEMORANDUM DECISION AND ORDER. Defendants Motion to Reconsider, Alter or Amend, or For Relief from the Courts Order as to Fees of Plaintiffs Expert Turpin (Dkt. 270 ) is DENIED. Defendants Objection to the Courts Order Re: Fees of Plaintiffs Expert Turpin is DENIED. Plaintiffs Motion for Order Adopting ERISA Enrolled Actuary Turpins Calculations for Lump Sum Disbursements to Plan Participants (Dkt. 288 ) is DENIED WITHOUT PREJUDICE. Defendants Motion to Refer to the Special Master the Parties Dispute as tothe Proper Discount Rate to be Used in Lump Sum Distribution Calculations(Dkt. 292 ) is GRANTED as explained above. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
281
ORDER. The basis and terms shall be amended to include costs and fees incurred by Mr. Turpin for the work he has performed and will perform to complete thetasks assigned him by the Special Master and the Court, unless one of theparties object to such an amendment. Either party may file an objection to the Courts amended basis and terms for compensating the Special Master by filing a written objection on or before 8/15/2014. (Case Management deadline set for 8/15/2014.)Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
267
ORDER ON FINAL REPORT AND RECOMMENDATION OF SPECIAL MASTER. The Special Master's Report and Recommendation 245 is ADOPTED. The parties shall comply with all recommendations in the report other than the attorney fees issue as if it were an order by the Court. The parties shall retain the assistance of the Special Master to the degree needed to implement the recommendations. The parties shall notify the Court when the recommendations are complete, and the Court will then address the attorney fee issue. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
247
ORDER re 245 Memorandum/Brief Final Report and Recommendation of Special Master. (Case Management deadline set for 9/26/2013 for parties to file any objections or motions to the report.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
231
ORDER. The Special Master shall provide the Court with his final report on or before 8/2/2013. (Case Management deadline set for 8/2/2013.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
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Filing
179
MEMORANDUM DECISION AND ORDER denying without prejudice 166 Motion for Relief. Defendants shall file a report with the Court explaining how and why they are in full compliance with the Court's Amended Judgment by 5/13/2011. Plaintiffs may file a response by 5/27/2011. Defendants may file a reply by 6/3/2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
167
MEMORANDUM DECISION AND ORDER granting 156 Plaintiff's Motion for Attorney Fees; denying 157 Defendant's Motion for Attorney Fees. Defendants shall pay $390,153.60 in attorney fees and $537.67 in costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
134
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER. Now therefore it is hereby ORDERED that Plaintiffs' claims under Counts I-III of the Amended Complaint shall be granted except as to Plaintiff Elliott. Plaintiff Elliot's claims shall be denie d. It is furthere ORDERED that Plaintiffs' claims for statutory penalties under Count IV of the Amended Complaint shall be denied. (Hearing on the briefs set for 5/27/2010 at 8:30 am in Boise, ID before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
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Filing
122
MEMORANDUM DECISION AND ORDER granting in part and denying in part 107 Motion in Limine. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm).
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Filing
59
MEMORANDUM DECISION AND ORDER denying 29 Motion for Summary Judgment; denying 35 Motion for Complete or Partial Summary Judgment; denying 39 Motion for Summary Judgment. Plaintiffs shall file a proposed plan forfulfilling the representative cap acity requirements by 3/27/2009. Defendants response brief due 4/10/2009. Alternatively, parties may file a joint proposal by 3/27/2009. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
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Filing
32
MEMORANDUM DECISION AND ORDER granting 25 MOTION to Amend Case Management Order. Discovery due by 12/19/2008. Dispositive Motions due by 1/19/2009. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)
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