Lacy, et al v. Valmont Industries, Inc. et al
| Howard Lacy and Mandy Lacy |
| PayFlex Systems USA, Inc. and Valmont Industries, Inc. |
| 4:2015cv03070 |
| July 6, 2015 |
| U.S. District Court for the District of Nebraska |
| 4 Lincoln Office |
| John M. Gerrard |
| Cheryl R. Zwart |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1132 E.R.I.S.A.-Employee Benefits |
| Plaintiff |
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| Document Text |
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Filing
38
MEMORANDUM AND ORDER that the defendant's motion to strike (filing 29 ) is granted. The defendant's motion to dismiss (filing 14 ) is granted. The plaintiffs' complaint is dismissed with leave to replead. The plaintiffs shall file their amended complaint on or before June 14, 2016, absent an extension for good cause shown. The Clerk of the Court is directed to set an amended complaint deadline of June 14, 2016. Ordered by Judge John M. Gerrard. (LAC)
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Filing
37
ORDER that the Stipulation of Dismissal of Defendant PayFlex (filing 36 ) is granted. The claims asserted between the plaintiffs and PayFlex Systems USA, Inc. are dismissed with prejudice. The parties shall bear their own costs and fees with respect to those claims. PayFlex Systems USA, Inc. is terminated as a party to this case. PayFlex Systems USA, Inc.'s motion to dismiss (filing 25 ) is denied as moot. Ordered by Judge John M. Gerrard. (JSF)
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