Windstream Corp. v. Lee

927 F. Supp. 2d 611, 55 Employee Benefits Cas. (BNA) 1327, 2013 WL 694466, 2013 U.S. Dist. LEXIS 25907
CourtDistrict Court, E.D. Arkansas
DecidedFebruary 26, 2013
DocketNo. 4:09CV00953 JLH
StatusPublished

This text of 927 F. Supp. 2d 611 (Windstream Corp. v. Lee) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Windstream Corp. v. Lee, 927 F. Supp. 2d 611, 55 Employee Benefits Cas. (BNA) 1327, 2013 WL 694466, 2013 U.S. Dist. LEXIS 25907 (E.D. Ark. 2013).

Opinion

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 of the plans at issue reserve to the plaintiffs the right unilaterally to modify or terminate retiree medical benefits.

I.

A Court should enter summary judgment if the evidence demonstrates that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(a); see also Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S. Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). The moving party bears the initial responsibility of demonstrating the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). If the moving party meets this burden, the nonmoving party must respond by coming forward with specific facts establishing a genuine dispute for trial. Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir.2011) (en banc). In deciding a motion for summary judgment, a court views the evidence in the light most favorable to the nonmoving party and draws all reasonable inferences in that party’s favor. PHL Variable Ins. Co. v. Fulbright McNeill, Inc., 519 F.3d 825, 828 (8th Cir.2008). A genuine dispute exists only if the evidence is sufficient to allow a jury to return a verdict for the nonmoving party. Anderson, 477 U.S. at 249, 106 S.Ct. at [614]*6142511. When a nonmoving party cannot make a showing sufficient to establish a necessary element of the case on which that party bears the burden of proof, the moving party is entitled to judgment as a matter of law. Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. at 2552.

II.

Windstream Corporation is the plan sponsor of the Windstream Comprehensive Plan of Group Insurance (“the Windstream Pan”). Windstream Benefits Committee is the plan administrator of the Windstream Pan. Valor Telecommunications of Texas, LLC, f/k/a Valor Telecommunications of Texas, L.P., d/b/a Windstream Communications Southwest is a wholly-owned subsidiary of Windstream. Windstream, Systems of the Midwest, Inc., is also a wholly-owned subsidiary of Windstream.

The Windstream Plan provides for the health and welfare benefits to retirees of Windstream, as well as Windstream’s subsidiaries and predecessors. The subsidiary entities include Valor and Windstream Systems of Midwest. The predecessor entities include Alltel Corporation, Aliant Communications Co., and CT Communications, Inc.

According to the second amended complaint, Windstream has provided health and welfare benefits under the Wind-stream Plan to former employees of Valor who participated in the Windstream Plan (the “Valor Retirees”); former employees of Alltel who retired before a 2006 spinoff, including retirees of various companies acquired by Alltel before a merger with Val- or on July 17, 2006 (the “Legacy Retirees”); former employees of Aliant who retired before Aliant’s merger with Alltel (the “Aliant Retirees”); and former employees of CT Communications who retired prior to January 1, 2008 (the “CTC Retirees”).

The only defendant who has appeared and actively defended this action is Johnny Lee, a former bargaining employee of Val- or and a former member of Communication Workers of America, AFL-CIO (“CWA”).1 Lee retired on March 3, 2006, under the 2005-2008 collective bargaining agreement between Valor and CWA. Pursuant to a memorandum of agreement that was part of the 2005-2008 collective bargaining agreement, Valor paid 80% of Lee’s medical insurance premium. On July 1, 2010, Valor unilaterally reduced that contribution to $80 per month.

In addition to Lee, the named defendants are Donald F. Antholz, Dorene R. Fuller, Tyrone M. Kimrey, Homer Meekins, Charles J. Moore, Donald H. Rempe, Thomas Farrell Watts, and Joseph P. Wansolich, all of whom are retirees affected by the plan modifications at issue. According to the second amended complaint, Antholz, Fuller, and Wansolich were non-bargaining employees of Alltel; Kimrey and Meekins were bargaining employees of Alltel; Rempe and Moore were non-bargaining employees of Aliant; and Watts was a non-bargaining employee of Concord Telephone Company (CTC).2 Document # 176 at 3-5. Each of them was served with summons and complaint. Antholz, Fuller, Kimrey, Meekins, Moore, Rempe, and Watts failed to answer or otherwise [615]*615defend. Wansolich filed a pro se answer to the first amended complaint and stated that he did not plan to incur additional personal expenses to defend the matter. Document # 27 at 3. Since then, Wansolich has not participated in this action, and he has not responded to the motion for default judgment or the motion for summary judgment. Thus, each named defendant other than Lee is in default. Fed.R.Civ.P. 55(a); Canal Ins. Co. v. Ashmore, 61 F.3d 15 (8th Cir.1995).

The plan documents include the Wind-stream Comprehensive Plan of Group Insurance, Document # 181-2; the Valor Telecommunications Health and Welfare Summary Plan Description, Document # 181-3; the Alltel Benefits Handbook, which includes summary plan descriptions, Document # 181-4; the Alltel Summary Plan Descriptions, Document # 181-5-13; Aliant Communications Co. Plan Summary Plan Description, Document # 181-14; CT Communications, Inc. Health and Welfare Benefit Plan, Document # 181-15; March 1, 2002, Agreement of Recognition, Bargaining Procedure and Operating Contract between Valor and CWA, Document # 181-16; March 1, 2005, Agreement of Recognition, Bargaining Procedure and Operating Contract Between Valor and CWA, Document #181-17; and Agreement Between Valor and CWA dated February 29, 2008, Document # 181-18.

The amendments at issue make the following changes3:

Pre-65 Retirees:

• Effective July 1, 2010, pre-65 Legacy Retirees, all Valor Retirees and all CTC Retirees, were no longer be eligible to participate in the PPO Plan. Instead, they became eligible to participate in the Windstream Retiree Medical PPO Plan, currently administered by United Healthcare (“UHC”). [Footnote 3: Pre-65 Ali-ant Retirees became eligible to participate in the Windstream Retiree Medical PPO Plan on January 1, 2009.]

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Related

Skelly Oil Co. v. Phillips Petroleum Co.
339 U.S. 667 (Supreme Court, 1950)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Torgerson v. City of Rochester
643 F.3d 1031 (Eighth Circuit, 2010)
Bender v. Newell Window Furnishings, Inc.
681 F.3d 253 (Sixth Circuit, 2012)
PHL Variable Insurance v. Fulbright McNeill, Inc.
519 F.3d 825 (Eighth Circuit, 2008)

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Bluebook (online)
927 F. Supp. 2d 611, 55 Employee Benefits Cas. (BNA) 1327, 2013 WL 694466, 2013 U.S. Dist. LEXIS 25907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/windstream-corp-v-lee-ared-2013.