UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

__________________________________________ ) NATHAN LINDELL, ) ) Plaintiff, ) ) v. ) Civil Action No. 08-1462 (PLF) ) THE LANDIS CORPORATION 401(K) PLAN; ) LANDIS CONSTRUCTION COMPANY; ) ETHAN LANDIS, individually and in his capacity ) as an officer; HUGH JEFFREY FOX, PLAN ) ADMINISTRATOR of the LANDIS ) CORPORATION 401(K) PLAN; and JOHN ) DOES 1-5, Fiduciaries, ) ) Defendants. ) __________________________________________)

ORDER

For the reasons stated in the Memorandum Opinion issued this same day, it is

hereby

ORDERED that defendants’ motion to dismiss [3] is granted in part and denied in

part; it is

FURTHER ORDERED that defendants Landis Construction Company and Ethan

Landis, individually and in his capacity as an officer, are dismissed from the case; the remaining

defendants will not be dismissed; and it is FURTHER ORDERED that on or before August 11, 2009 the parties shall submit

a joint report to the Court indicating how they wish to proceed.

SO ORDERED.

/s/ PAUL L. FRIEDMAN United States District Judge DATE: July 28, 2009

2