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WINDSTREAM CORP. v. LEE

No. 4:09CV00953 JLH.

927 F.Supp.2d 611 (2013)

WINDSTREAM CORPORATION; Windstream Benefits Committee; Windstream Systems of the Midwest, Inc.; and Valor Telecommunications of Texas, L.P., d/b/a Windstream Communications Southwest, Plaintiffs v. Johnny LEE; Homer A. Meekins; Dorene R. Fuller; Donald H. Rempe; Donald F. Antholz; Charles J. Moore; Joseph P. Wansolich; Thomas Farrell Watts; and Tyrone M. Kimrey, Defendants.

United States District Court, E.D. Arkansas, Western Division.

February 26, 2013.

Attorney(s) appearing for the Case

Lindsy Nicole Alleman, Fulbright & Jaworski LLP, Dallas, TX, Mark Miller, Scott Keys, Fulbright & Jaworski LLP, Houston, TX, Michelle Marie Kaemmerhng, Stephen R. Lancaster, Troy A. Price, Wright, Lindsey & Jennings, Little Rock, AR, Richard S. Krumholz, Rachel L. Williams, Fulbright & Jaworski LLP, Dallas, TX, for Plaintiffs.

David Van Os, Matt Holder, David Van Os & Associates, P.C., Austin, TX, John L. Burnet, Lavey & Burnett, Little Rock, AR, for Defendants.

OPINION AND ORDER

J. LEON HOLMES, District Judge.

The plaintiffs seek a declaratory judgment stating that they can unilaterally modify or terminate medical benefits that they provide to retirees, and they have filed a motion for summary judgment against the sole named defendant who has answered and defended, as well as a motion for default judgment as to the other named defendants. For reasons that will be explained, the Court holds that the terms...

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