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Gerald Alderfer, et al v. Clemens Markets

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 23, 2010

GERALD ALDERFER, ET AL., PLAINTIFFS,
v.
CLEMENS MARKETS, INC., RETIREMENT SAVINGS AND PROFIT SHARING PLAN 003, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Berle M. Schiller,J.

ORDER

AND NOW, this 23rdday of December, 2010, upon consideration of Defendants' Motion Dismiss Complaint, Plaintiff's opposition thereto, Defendants' reply thereon, and for the reasons stated in this Court's Memorandum of December 23, 2010, it is hereby ORDERED that:

1. Defendants' Motion to Dismiss (Document No. 8) is GRANTED with respect to Plaintiff's claims against Defendant Clemens Markets Inc. Retirement Savings and Profit Sharing Plan 003.

2. Defendants' Motion is also GRANTED with respect to Count II of Plaintiff's Complaint.

3. Defendants' Motion is otherwise DENIED.

4. Defendants shall file an answer within fourteen (14) days of the date of this Order in accordance with Federal Rule of Civil Procedure 12(a)(4).

BY THE COURT:

20101223

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