Opinion
Civil Action No. 09-cv-01588-CMA-MEH.
December 23, 2009
ORDER GRANTING STIPULATION OF DISMISSAL OF DEFENDANT KRISTIN T. DURGAN
On July 6, 2009, Plaintiff Nortel Networks Inc. and Nortel Networks Inc., in its capacity as Plan Sponsor and a Fiduciary of the Nortel Networks Long-Term Investment Plan and the Nortel Networks Retirement Income Plan, commenced this interpleader action. ( See Doc. # 1.) Kristin T. Durgan ("Ms. Durgan") was named as a Defendant and served on or about July 27, 2009. ( See Doc. # 11.)
On December 11, 2009, Ms. Durgan executed an Affidavit, Disclaimer, and Waiver of Any Claim for Benefits. She does not seek to assert any claims or seek any recovery or benefits in connection with this action, but rather consents to her dismissal with prejudice as a party. All of the other parties who have appeared and remain in this action consent to such dismissal of Ms. Durgan.
Therefore, pursuant to the parties' Stipulated Motion for Entry of Order Dismissing Kristin T. Durgan (Doc. # 47), the Court ORDERS as follows:
1. Any actual or potential claims which were or could have been asserted in this action by or for Defendant Kristin T. Durgan (a) under the Nortel Networks Long-Term Investment Plan and/or the Nortel Networks Retirement Income Plan, and/or (b) against Nortel Networks Inc., the Nortel Networks Long-Term Investment Plan, and/or the Nortel Networks Retirement Income Plan arising out of or related to the death of James Glenn Durgan, are hereby DISMISSED with prejudice pursuant to Fed.R.Civ.P. 41(a) and (c);
2. Defendant Kristin T. Durgan, and anyone acting on her behalf, is permanently RESTRAINED and ENJOINED from instituting or prosecuting against Nortel Networks Inc., the Nortel Networks Long-Term Investment Plan, and/or the Nortel Networks Retirement Income Plan any claim(s) in any United States federal or state court (a) for 401(k), retirement and/or pension benefits, (b) for benefits provided by Nortel Networks Inc. under the Nortel Networks Long-Term Investment Plan and/or the Nortel Networks Retirement Income Plan, and/or (c) arising out of or related to the death of James Glenn Durgan;
3. Defendant Kristin T. Durgan is hereby DISMISSED, and the caption on all subsequent filings shall reflect the removal of Kristin T. Durgan as a Defendant in this case; and
4. Defendant Kristin T. Durgan shall bear her own costs, attorney fees, and expenses of litigation, if any.