Free Order on Motion to Enforce - District Court of Arizona - Arizona

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10 UNITED STATES DISTRICT COURT
11 DISTRICT OF ARIZONA
12
13 STUART J. REILLY, CASE NO. CIV O2-2218-PHX-BTM
14 Plaintiff,
15 ORDER GRANTING IN PART AND
v. - DENYING IN PART PLAINTIFF’S
16 MOTION TO ENFORCE DISCOVERY
CHARLES NI. BREWER, Ltd. Profit ORDER [Docket #212] AND DENYING
17 Sharing Plan and Trust, a retirement DEFENDANTS' REQUEST FOR
plan; CHARLES NI. BREWER, Ltd. SANCTIONS [Docket #218]
18 Restated Pension Plan, a retirement ~
plan; and CHARLES M. BREWER,
19 Defendants.
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21 On December 22, 2005, the Court held oral argument in the above captioned matter.
22 Plaintiff Stuart J. Reilly moved to enforce Judge Carroll's previous order dated July 2, 2004,
23 which ordered Defendants to comply with his discovery request. Plaintiff contends that while
24 Defendants did produce documents in an attempt to comply, they were so heavily redacted
25 as to be useless. Plaintiff claims he needs the data in a more complete form so that he can
26 calculate benefits using the same information that Defendants provided their actuaries and
27 accountants. Reilly also requests a copy ofthe plan’s summary annual report for the year
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I Civ 02-2218
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C se 2:02-cv-02218-BTl\/I-LSP Document 234 Filed 12/27/2005 Paget 0f2

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1 2004. He claims he is entitled to this document as a plan participant, pursuant to 29 I.1.S.C.
2 § 1132(c). Defendants deny that Reitly is entitled to current financial reports as he is no longer
3 a plan participant. I
4 Reilly/s motion is hereby GRANTED IN PART AND DENIED IN PART. The Court
5 orders as follows:
6 1. Defendants must provide Plaintiff with a copy of the Piper expert report with balance
7 information unidentified by person or social security number. Plaintiff is ordered not to
8 disclose the information therein to anyone other than experts in this case needing the tigu res
9 for providing an opinion in this case.
10 2. Plaintiff’s request for the present plan documents is denied without prejudice
11 pending determination of his status as a participant in the plan.
12 3. Defendants request for sanctions is DENIED-
13 IT IS SO ORDERED. _
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Cas 2:02-cv—02218-BTIVI-LSP Document 234 Filed 12/27/2005 Page 2 of 2

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

Document 234

Filed 12/27/2005

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

Document 234

Filed 12/27/2005

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