Lindell v. Landis Corporation 401(k) Plan

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ ) NATHAN LINDELL, ) ) Plaintiff, ) ) v. ) Civil Action No. 08-1462 (PLF) ) 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. ) __________________________________________) 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. /s/ PAUL L. FRIEDMAN United States District Judge DATE: July 28, 2009 2