Jenkins v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund et al

Justia Dockets & Filings Fourth Circuit Virginia Eastern District Jenkins v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund et al

Jenkins v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund et al

Plaintiff:	Allan Jenkins
Defendant:	International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund, Board of Trustees, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79, John D. Brassell, Thomas Bell, Tony W. Crosby, William B. Kuhlman, Brian S. Olson and Southern Benefit Administrators, Inc.
Case Number:	2:2014cv00526
Filed:	October 16, 2014
Court:	US District Court for the Eastern District of Virginia
Office:	Norfolk Office
County:	Norfolk City
Presiding Judge:	Tommy E. Miller
Presiding Judge:	Henry C. Morgan
Nature of Suit:	Employee Retirement Income Security Act of 1974
Cause of Action:	29 U.S.C. § 1001
Jury Demanded By:	None

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Date Filed	Document Text
March 20, 2015	Filing 37 OPINION & ORDER : Withholding 24 Motion ; Denying 27 Motion for Protective Order; Granting in Part and Denying in Part 16 Motion to Dismiss for Failure to State a Claim. The parties were ORDERED to submit briefs on the issue of the appli cable standard of review. Defendants were provided fifteen (15) days from the date of the hearing to file their initial brief. Plaintiff was provided eleven (11) days to file a response, and Defendants were provided three (3) days thereafter to fi le a rebuttal. In considering Plaintiffs arguments, as well as the applicable legal standards, the Court ruled that DISCOVERY IS APPROPRIATE under either standard of review as to those areas argued for by Plaintiff. The Court, therefore, DENIED Def endants' Motion for Protective Order and declines to enter such at this time. The Court PERMITTED discovery in the areas outlined by Plaintiffs counsel at the March 19, 2015 hearing, and the permitted discovery SHALL run concurrently with the parties briefing deadlines regarding the applicable standard of review. It is so ORDERED. Signed by District Judge Henry C. Morgan, Jr and filed on 3/20/15. Copies distributed to all parties 3/20/15. (ldab, )

Date Filed

Document Text

March 20, 2015

Filing 37 OPINION & ORDER : Withholding 24 Motion ; Denying 27 Motion for Protective Order; Granting in Part and Denying in Part 16 Motion to Dismiss for Failure to State a Claim. The parties were ORDERED to submit briefs on the issue of the appli cable standard of review. Defendants were provided fifteen (15) days from the date of the hearing to file their initial brief. Plaintiff was provided eleven (11) days to file a response, and Defendants were provided three (3) days thereafter to fi le a rebuttal. In considering Plaintiffs arguments, as well as the applicable legal standards, the Court ruled that DISCOVERY IS APPROPRIATE under either standard of review as to those areas argued for by Plaintiff. The Court, therefore, DENIED Def endants' Motion for Protective Order and declines to enter such at this time. The Court PERMITTED discovery in the areas outlined by Plaintiffs counsel at the March 19, 2015 hearing, and the permitted discovery SHALL run concurrently with the parties briefing deadlines regarding the applicable standard of review. It is so ORDERED. Signed by District Judge Henry C. Morgan, Jr and filed on 3/20/15. Copies distributed to all parties 3/20/15. (ldab, )

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Search for this case: Jenkins v. International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund et al
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Plaintiff: Allan Jenkins
Represented By:	James Richard Theuer
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Defendant: International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: Board of Trustees, International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79 Pension Fund
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: International Association of Bridge, Structural, Ornamental and Reinforcing Ironworkers Local No. 79
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: John D. Brassell
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: Thomas Bell
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: Tony W. Crosby
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: William B. Kuhlman
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: Brian S. Olson
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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Defendant: Southern Benefit Administrators, Inc.
Represented By:	Robert Jan Jennings
Represented By:	W. Ryan Snow
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