Everidge et al v. Irotas Manufacturing Co., LLC 401(k) Profit Sharing Plan et al
| Richard Eugene Everidge, Morris Dean Stivers and Carl Curtis Tingle, Jr. |
| William H. Kiser, Sue Kiser, Irotas Manufacturing Co., LLC 401(k) Profit Sharing Plan and Irotas Manufacturing Co., LLC |
| 3:2009cv00045 |
| September 24, 2009 |
| US District Court for the Eastern District of Kentucky |
| Frankfort Office |
| Shelby |
| None |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on December 17, 2010. A more recent docket listing may be available from PACER.
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Filing 69
MEMORANDUM OPINION & ORDER: (1) Plas' Mtn for S/J [Record No. 67] is GRANTED with respect to Plas' claims under 298 U.S.C. 1132(a)(1)(B) for individual amts due under the Plan. The mtn is DENIED, w/o prejudice, with res pect to Plas' claims for prejudgment interest, Plas' claim for atty's fees, & and any remaining claims. (2) Trial previsously sched for Tuesday, December 28, 2010, is VACATED and SET ASIDE. (3) The Court will hold a Sched uling Conference on Tuesday, December 28, 2010, at 10:00 a.m., at the United Stated District Courthouse in Frankfort, Kentucky to address all remaining claims. (4) The Plas mtn for an extension of time [Record No. 68] is DENIED, as moot. Signed by Judge Danny C. Reeves on 12/17/2010. ( SCHEDULING CONFERENCE set for 12/28/2010 at 10:00 AM in FRANKFORT before Judge Danny C. Reeves.) (AKR)cc: COR, diary
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Filing 61
MEMORANDUM OPINION & ORDER: Plaintiffs' Motion to Convert the Scheduled Jury Trial to a Status conference [Record No. 59] is DENIED. Signed by Judge Danny C. Reeves on 11/1/2010.(AKR)cc: COR
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Filing 51
MEMORANDUM OPINION & ORDER: that the Plas motion for summary judgment [Record No. 44] is GRANTED, in part. Dfts William Kiser and Sue Kiser are liable to the Irotas 401(k) Profit Sharing Plan the sum of $487,138.08. However, inasmuch as the Plas have not established the amount of their individual claims, the motion for summary judgment will be DENIED with respect to their request that judgment be entered in their favor against the Kisers in the sum of $487,000.00. This a mount due and owing to the individual Plas cannot be determined at this time based on the information presented. Likewise, the Plas request that the Courts ruling be deemed final and appealable is DENIED. The Plas request for an award of prejudgment interest, attorneys fees and costs will be DENIED, without prejudice, as premature. Signed by Judge Danny C. Reeves on 07/21/2010. (Motions terminated: 44 FIRST MOTION for Summary Judgment). (AKR)cc: COR
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