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JOHNSON v. DUKE ENERGY RETIREMENT CASH BALANCE PLAN

No. 1:13CV156.

THOMAS JOHNSON, on behalf of himself and on behalf of a class of persons similarly situated, Plaintiff, v. DUKE ENERGY RETIREMENT CASH BALANCE PLAN and DUKE ENERGY CORPORATION, Defendants.

United States District Court, M.D. North Carolina.

September 29, 2014.

Attorney(s) appearing for the Case

THOMAS JOHNSON, Plaintiff, represented by AARON F. GOSS , WALLACE AND GRAHAM, P.A. & JOHN S. HUGHES , WALLACE AND GRAHAM, P.A..

DUKE ENERGY RETIREMENT CASH BALANCE PLAN, Defendant, represented by DONALD HUGH TUCKER, JR. , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, L.L.P., JONATHAN TRAVIS HOCKADAY , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, MICHAEL W. MITCHELL , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, ANNE E. REA , SIDLEY AUSTIN, LLP & STEVEN J. HOROWITZ , SIDLEY AUSTIN, LLP.

DUKE ENERGY CORPORATION, Defendant, represented by DONALD HUGH TUCKER, JR. , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, L.L.P., JONATHAN TRAVIS HOCKADAY , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, MICHAEL W. MITCHELL , SMITH ANDERSON BLOUNT DORSETT MITCHELL & JERNIGAN, ANNE E. REA , SIDLEY AUSTIN, LLP & STEVEN J. HOROWITZ , SIDLEY AUSTIN, LLP.

MEMORANDUM OPINION AND ORDER

WILLIAM L. OSTEEN, Jr., Chief District Judge.

Presently before the court are cross motions for summary judgment. Plaintiff Thomas Johnson ("Plaintiff"), asserting a single claim under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., has filed a partial motion for summary judgment. (Doc. 25.) Defendants Duke Energy Retirement Cash Balance Plan and...

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