KALDA v. SIOUX VALLEY PHYSICIAN PARTNERS, INC.

No. Civ. 02-4230.

394 F.Supp.2d 1107 (2005)

Ellison KALDA, M.D.; Robert Dahl, M.D.; Marilyn McFarlane, P.A.; David H. Hylland, Ed.D.; Richard G. Whitten, Ph.D.; Cynthia L. Pilkington, Ph.D.; and Mary K. Kunde, Ph.D.; individually and for their individual plan accounts and on behalf of The Central Plains Clinic, Ltd. Money Purchase Pension and Profit Sharing Plan, and the Central Plains Clinic, Ltd. 401(k) Plan, Plaintiffs, v. SIOUX VALLEY PHYSICIAN PARTNERS, INC., formerly Central Plains Clinic, Ltd.; Sioux Valley Hospital; T.A. Schultz, M.D.; Richard Hardie, M.D.; Gene Burrish, M.D.; David Danielson; Michael Farritor, M.D.; John Rittmann, M.D.; and Steven Salmela, M.D., Defendants.

United States District Court, D. South Dakota, Southern Division.

May 6, 2005.


Attorney(s) appearing for the Case

Gregory Alan Eiesland, Rapid City, SD, N. Dean Nasser, Jr., Sioux Falls, SD, for Plaintiffs.

Roberto Antonio Lange, Sioux Falls, SD, for Defendants.


MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Both Plaintiffs and Defendants have filed a Motion for Summary Judgment, Docs. 42 and 37. The motions have been fully briefed and oral argument was heard on April 25, 2005. For the reasons set forth below, Defendants' motion will be granted and Plaintiffs' motion will be denied.

BACKGROUND

Plaintiffs are a group of former employees of Central Plains Clinic, Ltd. ("CPC"), which was a medical...

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