TRULL v. DAYCO PRODUCTS, LLC

No. CIV. 1:02CV243.

329 F.Supp.2d 658 (2004)

Jerry TRULL; Don Henson; Floyd Sutton; Earl Johnson; Roderick Rogers; and Joyce Riggs, Individually and as Representative of a class of all persons similarly situated, Plaintiffs, v. DAYCO PRODUCTS, LLC; Mark IV Industries, Inc.; Dayco Products, Inc. Medical Plan; and Mark IV Industries, Inc. and Subsidiaries Group Welfare Benefit Program, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

May 28, 2004.


Attorney(s) appearing for the Case

C. Frank Goldsmith, Jr., Goldsmith & Goldsmith, Marion, NC, Robert Alexander, Julia Penny Clark, Michael H. Sampson, Page Kennedy, Maryann Parker, Bredhoff & Kaiser, PLLC, Washington, DC, James B. Robinson, Thomas J. Kircher, Kircher Robinson Newman & Welch, Cincinnati, OH, for Plaintiffs.

L. Neal Ellis, Jr., Hunton & Williams, Raleigh, NC, John W. Allen, Joseph J. Vogan, David E. Khorey, Anthony R. Comden, Varnum, Riddering, Schmidt & Howlett, Grand Rapids, MI, Wood W. Lay, Hunton & Williams, Charlotte, NC, Andrew Charles Storar, Pickrel Schaeffer & Ebeling, Dayton, OH, for Defendants.


MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the following motions:

1. Mark IV's motion for oral argument and reply briefing, filed January 30, 2004; 2. the collective motion of all Defendants for summary judgment as to Subclass A, the pre-1995 retired employees, filed January 30, 2004; 3. the Defendants' motion for leave to file a supplemental reply, filed March 26, 2004...

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