JONES v. SINGING RIVER HEALTH SERVICES FOUNDATION

No. 16-60550.

865 F.3d 285 (2017)

Thomas JONES, on behalf of themselves and others similarly situated; Joseph Charles Lohfink, on behalf of themselves and others similarly situated; Sue Beavers, on behalf of themselves and others similarly situated; Rodolfoa Rel, on behalf of themselves and others similarly situated; Hazel Reed Thomas, on behalf of themselves and others similarly situated, Plaintiffs-Appellees v. SINGING RIVER HEALTH SERVICES FOUNDATION; Singing River Health System Foundation; Singing River Hospital System Foundation, Incorporated; Singing River Hospital System Employee Benefit Fund, Incorporated; Singing River Hospital System; Michael J. Heidelberg; Michael D. Tolleson; Tommy Leonard; Lawrence H. Cosper; Morris G. Strickland; Ira Polk; Stephen Nunenmacher; Hugo Quintana; Gary C. Anderson; Stephanie Barnes Taylor; Michael Crews; Singing River Health System; Allen Cronier; Martin Bydalek; William Descher; Joseph Vice; Eric Washington; Marva Fairley-Tanner; Grayson Carter, Jr, Defendants-Appellees v. Cynthia N. Almond; Francisco C. Aguilar; Kitty Patricia Aguilar; Tanya R. Ardoin; Ray J. Barbour, et al., Appellant. Regina Cobb, on behalf of themselves and others similarly situated, et al., Plaintiffs v. Singing River Health System; Board of Trustees for The Singing River Health System; Michael J. Heidelberg, in their individual and official capacities; Michael D. Tolleson, in their individual and official capacities; Allen L. Cronier, in their individual and official capacities; Tommy L. Leonard, in their individual and official capacities; Lawrence H. Cosper, in their individual and official capacities; Morris G. Strickland, in their individual and official capacities; Ira S. Polk, in their individual and official capacities; Stephen Nunenmacher, in their individual and official capacities; Hugo Quintana, in their individual and official capacities; Marva Fairley-Tanner, in their individual and official capacities; William C. Descher, in their individual and official capacities; Joseph P. Vice, in their individual and official capacities; Martin D. Bydalek, in their individual and official capacities; Eric D. Washington, in their individual and official capacities; G. Chris Anderson, in their individual and official capacities; Kevin Holland, in their individual and official capacities, Defendants-Appellees v. Cynthia N. Almond; Francisco C. Aguilar; Kitty Patricia Aguilar; Tanya R. Ardoin; Ray J. Barbour, et al., Appellants.

United States Court of Appeals, Fifth Circuit.

FILED July 27, 2017.


Attorney(s) appearing for the Case

James Robert Reeves, Jr., Esq. , Matthew Gerard Mestayer , Reeves & Mestayer, P.L.L.C., Biloxi, MS, George W. Finkbohner, III , Attorney, Steven L. Nicholas, Esq. , Lucy Elizabeth Tufts , David George Wirtes, Jr., Esq. , Cunningham Bounds, L.L.C., Mobile, AL, for Plaintiffs-Appellees.

Brett Keith Williams, Esq. , Alexander Kelly Sessoms, III, Esq. , Dogan & Wilkinson, P.L.L.C., John L. Hunter , John Anderson Banahan , Bryan, Nelson, Schroeder, Castigliola & Banahan, Pascagoula, MS, Carly D. Duvall , Jason R. Scheiderer , Dentons US, L.L.P., Kansas City, MO, Stephen Giles Peresich , Attorney, Page, Mannino, Peresich & McDermott, P.L.L.C., Biloxi, MS, Roy D. Campbell, III, Esq. , Bradley Arant Boult Cummings, L.L.P., Pieter Teeuwissen, Esq. , Pieter Teeuwissen, Esq., P.L.L.C., Jackson, MS, Donald Claire Dornan, Jr., Esq. , Dornan Law Office, P.L.L.C., Gulfport, MS, for Defendants-Appellees.

William Harvey Barton, II , Trial Attorney, Barton Law Firm, P.L.L.C., Pascagoula, MS, Earl Lamar Denham , Denham Law Firm, P.L.L.C., Ocean Springs, MS, for Appellants.

Before HIGGINBOTHAM, JONES, and HAYNES, Circuit Judges.


The Singing River Health System (SRHS), a community hospital owned by Jackson County, Mississippi, created a defined benefits pension fund into which employees have recently been paying three percent of their paychecks and to which SRHS was obliged to contribute whatever additional amounts were actuarially required...

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