US Airline Pilots Association v. Pension Benefit Guaranty Corporation

UNITED STATES DISTRICT COURT

DISTRICT OF COLUMBIA ____________________________________________________

US AIRLINE PILOTS ASSOCIATION,

Plaintiff, v. 1:09-CV-1675 (FJS/JMF) PENSION BENEFIT GUARANTY CORPORATION,

Defendant. ____________________________________________________

APPEARANCES OF COUNSEL BINGHAM MCCUTCHEN LLP David J. Butler, Esq.

2020 K Street, NW Thomas R. Lotterman, Esq.

Washington, D.C. 20006 William S. D. Cravens, Esq.

Attorneys for Plaintiff

PENSION BENEFIT GUARANTY Joseph M. Kretteck, Esq.

CORPORATION Garth D. Wilson, Esq.

1200 K Street, NW Paula J. Connelly, Esq.

Suite 340

Washington, D.C. 20005

Attorneys for Defendant

SCULLIN, Senior Judge

ORDER

Currently before the Court are Plaintiff's motion for summary judgment, see Dkt. No. 57, and Defendant's cross-motion for judgment on the pleadings or, in the alternative, for summary judgment, see Dkt. No. 58. The Court heard oral argument in support of, and in opposition to, these motions on March 13, 2012.

After hearing the parties' oral arguments, the Court advised counsel that there were issues of fact regarding whether Defendant had breached its fiduciary duties, which precluded granting the parties the relief they sought. In addition, the Court questioned Defendant's counsel about the current status of the new plan asset evaluation that Defendant had undertaken for all four terminated US Airways pension plans, including the plan at issue in this case.1 Accordingly, after considering the parties' submissions and oral arguments and the relevant law, and for the reasons the Court stated at oral argument, the Court hereby ORDERS that Plaintiff's motion for summary judgment is DENIED; and the Court further

ORDERS that Defendant's cross-motion for judgment on the pleadings or, in the alternative, for summary judgment is DENIED; and the Court further ORDERS that Defendant shall file with the Court and serve on opposing counsel a report addressing the current status of the new plan asset evaluation on or before April 13, 2012; and the Court further

ORDERS that counsel shall appear for a status conference with the Court on April 18, 2012, at 10:00 a.m.; and the Court further

ORDERS that Plaintiff's unopposed motion for an expedited hearing and consideration of the parties' cross-motions for summary judgment is DENIED as moot.

IT IS SO ORDERED.

Dated: March 19, 2012

Syracuse, New York