Nortel Networks Inc. v. Durgan

Full title: NORTEL NETWORKS INC. and NORTEL NETWORKS INC., in its capacity as Plan…

Court: United States District Court, D. Colorado

Date published: Jul 18, 2011

Civil Action No. 09-cv-01588-CMA-MEH (D. Colo. Jul. 18, 2011)

Opinion

Civil Action No. 09-cv-01588-CMA-MEH.

July 18, 2011

Mathew John Rita, Esq., FORD HARRISON LLP, Denver, CO, Tiffany D. Downs, Esq., FORD HARRISON LLP, Atlanta, GA, Counsel for Plaintiffs.

Roger F. Sagal, Esq., The Tisdel Law Firm, P.C., Ouray, CO, Counsel for Bruce and Patricia Traegde.

Stephen D. Schreiber, Esq., Vicente Matias Murrell, Esq., Office of the Chief Counsel, Pension Benefit Guaranty Corporation, Washington, D.C.

CONSENT ORDER DISMISSING NORTEL NETWORKS' RETIREMENT INCOME PLAN

CHRISTINE ARGUELLO, District Judge

On July 2, 2009, plaintiff Nortel Networks Inc. filed this interpleader action to resolve issues related to the benefits earned by James G. Durgan, inter alia, under the Nortel Networks Retirement Income Plan (the "Pension Plan"). After its appointment as statutory trustee of the Pension Plan, the Pension Benefit Guaranty Corporation ("PBGC") appeared in order to represent the Plan.

Recently, all issues relating to Mr. Durgan's rights under the Pension Plan were resolved. Accordingly, PBGC seeks to have the Pension Plan dismissed from this action. All other parties consent to the requested dismissal.

Now therefore, it is hereby ORDERED AND ADJUDGED that:

The Pension Plan is dismissed with prejudice from this action, pursuant to Fed.R.Civ.P. 41(a)(2).