COLBURN v. HICKORY SPRINGS MFG. CO.

No. 5:19-CV-139-FL.

448 F.Supp.3d 512 (2020)

David E. COLBURN, Plaintiff, v. HICKORY SPRINGS MANUFACTURING COMPANY, Hickory Springs Manufacturing Company Supplemental Executive Retirement Plan, the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, as Administrator of the Supplemental Executive Retirement Plan, David F. Underdown, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, J. David Cartwright, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Darrell Bryant, individually and as a Member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Bobby Bush, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Mark Jones, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Robert Simmons, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Defendants. Hickory Springs Manufacturing Company, Hickory Springs Manufacturing Company Supplemental Executive Retirement Plan, the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, as Administrator of the Supplemental Executive Retirement Plan, David F. Underdown, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, J. David Cartwright, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Darrell Bryant, individually and as a, of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Bobby Bush, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Mark Jones, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Robert Simmons, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Counter Claimants, v. David E. Colburn, Counter Defendant. David E. Colburn, Cross-Claimant, v. David F. Underdown, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, J. David Cartwright, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Robert Simmons, individually and as a member of the Compensation Committee of the Board of Directors of Hickory Springs Manufacturing Company, Cross-Defendants.

United States District Court, E.D. North Carolina, Western Division.

Signed March 24, 2020.


Attorney(s) appearing for the Case

Susan H. Hargrove , Carl N. Patterson, Jr. , Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP, Raleigh, NC, for Plaintiff/Counter Defendant.

C. Richard Rayburn, Jr. , Ross Robert Fulton , Rayburn Cooper & Durham, P.A., Charlotte, NC, for Defendants/Counter Claimants.


This matter is before the court on plaintiff's motion to dismiss counterclaims (DE 24), defendants' motion for partial summary judgment (DE 35), and plaintiff's motion for judgment on the pleadings (DE 37). The issues raised have been briefed fully, and in this posture, are ripe for ruling. For the...

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