Opinion
Civil Action No. 1:08-cv-01064 (FJS)
01-28-2013
Thomas G. Davis, et al., Plaintiffs, v. Pension Benefit Guaranty Corporation, Defendant.
PROPOSED ORDER DISMISSING CLAIM FIVE
Upon consideration of the Joint Motion to Dismiss Claim Five, this Court hereby finds and it is ORDERED that:
1. Claim Five of the Second Amended Complaint is dismissed, with prejudice.
2. The dismissal of Claim Five shall have no impact on the Plaintiffs' pending appeal to the D.C. Circuit Court of Appeals of this Court's judgment on Claims One through Four and Six through Twelve (Davis, et al, v. PBGC, Case No. 12-5274 (D.C. Cir.)).
3. To the extent that any Plaintiff in this case might become entitled to relief as a result of the pending litigation in US Airline Pilots Ass'n v. PBGC, Case No. 09-01675 (FJS-JMF)), the dismissal of Claim 5 does not affect that relief.
IT IS SO ORDERED on this 28th day of January, 2013,
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Senior United States District Court Judge
Frederick J. Scullin, Jr