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Lindell v. Landis Corp. 401(K) Plan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


July 28, 2009

NATHAN LINDELL, PLAINTIFF,
v.
THE LANDIS CORPORATION 401(K) PLAN; LANDIS CONSTRUCTION COMPANY; ETHAN LANDIS, INDIVIDUALLY AND IN HIS CAPACITY AS AN OFFICER; HUGH JEFFREY FOX, PLAN ADMINISTRATOR OF THE LANDIS CORPORATION 401(K) PLAN; AND JOHN DOES 1-5, FIDUCIARIES, DEFENDANTS.

The opinion of the court was delivered by: Paul L. Friedman United States District Judge

ORDER

For the reasons stated in the Memorandum Opinion issued this same day, it is hereby

ORDERED that defendants' motion to dismiss [3] is granted in part and denied in part; it is

FURTHER ORDERED that defendants Landis Construction Company and Ethan Landis, individually and in his capacity as an officer, are dismissed from the case; the remaining defendants will not be dismissed; and it is

FURTHER ORDERED that on or before August 11, 2009 the parties shall submit a joint report to the Court indicating how they wish to proceed.

SO ORDERED.

20090728

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