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JOHNSON v. EVANGELICAL LUTHERAN CHURCH IN AMERICA

Civil File No. 11-23 (MJD/LIB).

PASTOR BENJAMIN A. JOHNSON, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, and BOARD OF PENSIONS OF THE EVANGELICAL LUTHERAN CHURCH IN AMERICA, Defendants.

United States District Court, D. Minnesota.

July 22, 2011.

Attorney(s) appearing for the Case

Vincent J. Esades and Scott W. Carlson, Heins Mills & Olson, PLC, and Daniel R. Karon, Brian D. Penny, Paul J. Scarlato, and Laura K. Mummert, Goldman Scarlato & Karon, PC, Counsel for Plaintiffs.

Charles C. Jackson, Nicole A. Diller, and S. Bradley Perkins, Morgan Lewis & Bockius LLP, and Ruth S. Marcott and Brian T. Benkstein, Felhaber Larson Fenlon & Vogt, PA, Counsel for Defendant the Evangelical Lutheran Church in America.

Charles C. Jackson, Nicole A. Diller, and S. Bradley Perkins, Morgan Lewis & Bockius LLP, and Thomas S. Fraser and Nicole M. Moen, Fredrikson & Byron, PA, Counsel for Defendant Board of Pensions of the Evangelical Lutheran Church in America.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Defendants' Motion to Dismiss. [Docket No. 34] The Court heard oral argument on May 13, 2011. For the reasons that follow, the Court denies the motion to dismiss as it applies to the Board and grants the motion to dismiss as it applies to ELCA, but permits Plaintiffs the opportunity to amend with regard to ELCA.

II....

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