Free Supplement - District Court of Arizona - Arizona

1 LAW OFFICE
STUART]. REILLY, P.C.
2 PO Box 80410
Phoenix, Arizona 85060-0410
3 Telephone: 602/ 912-9200
4 E-mail: [email protected]
Stuart]. Reilly, #005275
5 Attorney for Plaintiff
6
7 UNITED STATES DISTRICT COURT
8 DISTRICT OF ARIZONA
9
Stuart J. Reilly, )
10 ) Case No. CIV 02-2218 PHX BTM
Plaintiff, )
11 )
vs. ) SUPPLEMENT TO
12 ) PLAINTIFF’S RESPONSE IN
13 Charles M. Brewer, Ltd. Profit Sharing Plan ) OPPOSITION TO
and Trust, a retirement plan; Charles M. ) DEFENDANTS’ MOTION FOR
14 Brewer, Ltd. Restated Pension Plan, a ) SUMMARY JUDGMENT RE
retirement plan; and Charles M. Brewer, ) COUNT ONE
l5 >
Defendants. )
16 )
)
18 )
19 Plaintiff hereby submits the following Supplement to Plaintiffs Response in Opposition
2() to Defendants’ Motion for Partial Summary Judgment on Count One.
2] MEMORANDUM OF POINTS AND AUTHORITIES
22 On January ll, 2006, IRS Form 5500 filed by the Brewer retirement plan for plan year
23 ending November 30, 2004 (PYE 2004) was made available to the general public on the
24 Internet. (Declaration of Stuart J. Reilly, Exhibit l) Production of this document, which was
25 requested in Plaintiffs motion to compel discovery, is still pending.
26
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sum>u;MENr ro PLAlNTlFF’S REs1>oNsE IN opposmon ro
DEFENDANTS’ Moriow rox suMM/my JUDGMENT RE coum ons
Ca 9 2:02-cv-0221 8-BT|\li§|i1S`PV‘Cll5;oICTnl?rTi5(?1EtIl2ii»l7‘R‘NGI£l1©]d’°0]l)/Hlléj/$2O'fl6"L Page 1 of 3

1 In Defendants’ motion for summary judgment re Count One and their vigorous
2 objection to production of this document, Defendants have avowed to the Court that Plaintiff
3 has been paid all monies owed to him]; therefore, he was no longer a participant in the plan and
4 was not entitled to a copy of the requested document. But IRS Form 5500 for PYE 2004
5 (Declaration of Stuart J. Reilly, Exhibit 2) is a judicial admission that Plaintiff is a participant,
6 that he is entitled to receive future benefits, and that he had an account balance as of the end of
7 the plan year on November 30, 2004.
8 Discovery documents recently produced in response to the Court’s Order itemize fifteen
9 participants in the Brewer retirement plans (Declaration of Stuart J. Reilly, Exhibit 3). On
1() Form 5500, Defendants report that the total number of participants at the begimring of the plan
11 year is “l5" (Declaration of Stuart J. Reilly, Exhibit 2, line 6). C. Robert Brewer was
12 determined ineligible to receive benefits,2 which left two (2) active participants3 and twelve
13 (12) "separated participants entitled to receive future benefits" (Declaration of Stuart J. Reilly,
14 Exhibit 2, lines 7a—7d). Form 5500 further reports that all fourteen participants had account
15 balances as of the end of the November 30, 2004 plan year (Declaration of Stuart J. Reilly,
16 Exhibit 2, line 7g).
17 CONCLUSION
18 By Defendants’ own admission, Plaintiff has an accotmt balance remaining even after
19 the May 13, 2004 distribution, and is still a participant in the Brewer retirement plan.
20
21 . . .
22 . . .
23
24 I Last distribution to Plaintiff was made on May 13, 2004 (Declaration of Stuart J. Reilly, Exhibit 5)
25 2 See Declaration of Stuart J Reilly, Exhibit 4
26 3 Charles M. Brewer and Debra Ward.
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supprpmpnr ro prA1Nr1pp’s Rpspowsp in opposition ro
DEFENDANTS’ Morrow pop suMMARY JUDGMENT RE comm om;
Ca 9 2:O2—cv—O2218—BTI\}l§lllS`li’V‘Clli'l;olciYrri5?1liH2§l7‘RINGlBH©ldA01]?/illé]/EZTOIEIGAL Page 2 of 3

1 SUBMITTED this 12th day of January 2006.
2 STUART J. REILLY, P.C.
3
4 s/ Stuart J Reilly
Stuart J. Reilly
5 Attomey for Plaintiff
6
7
8
9 CERTIFICATE OF SERVICE
10
I hereby certify that on January 12, 2006, I electronically transmitted the attached document to
11 the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice of
12 Electronic Filing to be electronically mailed to:
13 Ed Hendricks, Esq.
Michael K. Dana, Esq.
14 MEYER HENDRICKS PLLC
3003 North Central Avenue, Suite 1200
15 Phoenix, AZ 85012
16 Michael Vanic, Esq.*
C. Frederick Reish, Esq.*
17 REISH LUFTMAN REICHER & COHEN
18 11755 Wilshire Blvd., 10m Floor
Los Angeles, CA 90025-1539
19
Courtesy copy ofthe attached document sent via Federal Express this 12th day of January 2006
20 to:
21 Hon. Barry Ted Moskowitz
United States District Court
22 5160 Courthouse
23 940 Front Street
San Diego, CA 92101
24
s/ Marisa J Reilly
25
26
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SUPPLEMENT ro Pl-AINTIFF’S RESPONSE IN oi>1>osmoN ro
DEFENDANTS’ Morrow ron suMM/my JUDGMENT RE couwr ONE
c 9 2:02-cv-02218—BTI\W§llJSPV’C“§oLd1'Jrli}§(lllTf€l’7RlNGFlll%l`dA€l]llril‘Ell2Cf66`L Page 3 of 3

Case 2:02-cv-02218-BTM-LSP

Document 237

Filed 01/12/2006

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Case 2:02-cv-02218-BTM-LSP

Document 237

Filed 01/12/2006

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Case 2:02-cv-02218-BTM-LSP

Document 237

Filed 01/12/2006

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