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The respondent, Town of Merrimack, moves this Court to reconsider its order in which it enjoined the respondent from certain retirement plans established by the respondent for the petitioners. The respondent advocates that the petitioners are not likely to succeed on the merits, that monetary damages will provide an adequate remedy at law, that the balance of harms weighs in favor of the respondent, and that the injunction should not have been issued because the petitioners brought this action in the wrong venue. For the reasons set forth below, the respondent's motion is GRANTED in part and DENIED in part.

The petitioners seek an award of costs and pre judgment interest. The respondents object. Based upon the parties submissions, and the relevant law, the Court finds and rules as follows.

The petitioners, James A. Davala, et al., brought this petition in equity against the respondents, the Town of Merrimack and its Board of Selectmen, seeking damages and other relief arising from the respondents' termination of certain retirement benefit plans. On March 17, 2005, the parties presented a proposed order to the Court, agreeing to bypass the liability phase of trial and to proceed directly to the damages phase, subject to several conditions. That same day, the Court accepted the proposed order. Several motions remain pending before the Court which were submitted both prior to, and following, the date of the aforementioned order. The Court will address these motions below.

The petitioners, James A. Davala, et al., bring a petition in equity against the respondents, the Town of Merrimack and its Board of Selectmen, to enjoin the respondents from terminating certain retirement benefit plans established by the respondents. Further, the petitioners ask that the respondents be ordered to continue contributing to such retirement benefit plans for those employees who relied on the plans for their retirement. The Court held a preliminary hearing on the petitioners' requests on June 25, 2004. For the following reasons the petitioner's request for injunctive relief is GRANTED as to those employees who are currently members of the retirement benefit plans and the Court ORDERS the respondents to continue contributing to the retirement benefit plans for those persons.

The petitioners, James A. Davala, et al., brought this petition in equity against the respondents, the Town of Merrimack and its Board of Selectmen, seeking damages and other relief arising from the respondents' termination of certain retirement benefit plans. The respondents seek summary judgment. For the following reasons, the motion is GRANTED in part and DENIED in part.