Chesemore et al v. Alliance Holdings, Inc. et al
| Carol Chesemore, Daniel Donkel, Thomas Gieck and Martin Robbins |
| Alliance Holdings, Inc., David B. Fenkell, Pamela Klute, Eric M. Lynn, James Mastrangelo, Stephen W. Pagelow, Jeffrey A. Seefeldt, Trachte Building Systems, Inc., Employee Stock Ownership Plan and Alliance Holdings, Inc. Employee Stock Ownership Plan |
| 3:2009cv00413 |
| June 30, 2009 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Dane |
| Visiting Judge |
| Stephen L. Crocker |
| None |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1143
ORDER denying 1138 Motion for Sanctions. No fees or costs related to the motion accorded to either side. Signed by District Judge William M. Conley on 12/15/2015. (jls)
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Filing
1121
ORDER denying 1090 Motion for Reconsideration and directing David Fenkell to restore $2,044.014.42 to Alliance ESOP or provide a bond assuring the payment pending appeal. Failure to do so by December 9, 2015 will result in a fine of $500 per day beginning on December 10, 2015 and doubling every week thereafter, until in full compliance. If the total of the fines should exceed $1 million Mr. Fenkell is ordered to appear before this court to show cause why he should not be held in custody until in full compliance. Any fines received by the Clerk of Court will be remitted to the plaintiffs. Signed by District Judge William M. Conley on 11/18/2015. (jls)
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Filing
1087
ORDER denying without prejudice 1066 Motion for TRO. Defendant Fenkell is ordered to RESTORE to the Alliance ESOP $2,044,014.42 on or before September 4, 2015. Barring that, the court will hold a hearing on September 10, 2015, at 10:00 a.m., at which David Fenkell is ordered to appear in person to show cause why he should not be held in civil contempt of this court's final judgment. Signed by District Judge William M. Conley on 8/27/2015. (jls)
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Filing
1049
ORDER denying 1042 Motion to Quash Plaintiffs' Subpoenas to Financial Institutions by Defendants David B. Fenkell, Karen Fenkell. Signed by District Judge William M. Conley on 7/7/2015. (voc)
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Filing
1031
ORDER granting 1023 Motion to Compel by Plaintiffs Carol Chesemore, Daniel Donkel, Thomas Gieck, Martin Robbins and Nannette Stoflet; Granting 1025 Motion to Compel by Defendants Alliance Holdings, Alliance Holdings, Inc and Employee Stock Owners hip Plan Inc. The movants' request for attorneys' fees and costs pursuant to Fed. R. Civ. P. 37(a)(5)(A) is granted. Movants shall submit their respective requests with all necessary supporting materials on or 2/17/2015; Fenkell may respond on or before 3/3/2015. Signed by District Judge William M. Conley on 2/3/2015. (voc)
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Filing
1017
ORDER granting 1006 Motion to Permit Registration of Judgment for Enforcement in Other Districts by by Defendants Alliance Holdings, Inc., Alliance Holdings, Inc. Employee Stock Ownership Plan, Plaintiffs Carol Chesemore, Daniel Donkel, Thomas Gieck, Martin Robbins, Nannette Stoflet . Signed by District Judge William M. Conley on 11/17/2014. (voc)
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Filing
986
FINAL JUDGMENT in favor of Carol Chesemore, Daniel Donkel, Martin Robbins, Nannette Stoflet, Thomas Gieck against David B. Fenkell in the total amount of $ 3,898,022.92. (WMC /PAO). Signed by District Judge William M. Conley on 9/8/2014. (voc)
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Filing
985
ORDER granting 921 Motion for Payment of Incentive Awards to the Class Representatives by Plaintiffs ; Granting 928 Motion for Attorney Fees by Plaintiffs ; Granting 934 Motion for Attorney Feesby Plaintiffs ; Granting 946 Motion for Final Approval of Settlement Agreement by Plaintiffs Carol Chesemore. Signed by District Judge William M. Conley on 9/4/2014. (voc)
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Filing
969
ORDER granting 939 Motion for Appointment of Independent Fiduciary. Plaintiffs to submit a letter by 8/1/14 to update the court on the settlement with the Fenkells. If a telephone hearing is necessary, it will be held 8/4/14 at 6:00 pm. The Alliance defendants may file a response to 938 by 7/29/14. Replies due 8/1/14. Signed by District Judge William M. Conley on 7/24/14. (rep)
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Filing
889
ORDER denying as moot 830 Motion for Approval of Proposed Notice and Questionnaire to Class Members and Request for Payment of Notice Costs by Defendants. Denying as moot 881 Motion to Adopt Changes to the Proposed Class Notice , Denying 883 Motion for Court-Ordered, Mandatory Settlement Conference . Granting 876 Motion for Preliminary Approval of Settlement Agreement. Signed by District Judge William M. Conley on 2/18/2014. (voc)
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Filing
866
ORDER granting in part and denying in part 855 Motion for an Order That David Fenkell's Alliance ESOP Account May Be Used To Satisfy The Award Against Him In The Court's Remedies Decision re 790 Order on Motion to Supplement. Signed by District Judge William M. Conley on 1/28/2014. (lak)
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Filing
857
ORDER denying as moot 833 Motion for Reconsideration ; 841 Motion for Reconsideration and Clarification/Modification of October 23, 2013 Scheduling Order and 846 Motion to Dismiss Karen Fenkell's Crossclaims. Telephone Hearing set for 1/29/2014 at noon. Signed by District Judge William M. Conley on 12/11/2013. (voc)
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Filing
824
ORDER granting in part and denying in part 799 Motion for Clarification of the court's June 4, 2013, opinion and order. ; denying 803 Motion to Dismiss by defendant Karen Fenkell and granting 816 Motion for Leave to File reply brief. Signed by District Judge William M. Conley on 10/15/2013. (voc)
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Filing
789
ORDER that plaintiffs are entitled to judgment on all affirmative defenses alleged in 258 answer by defendants James Mastrangelo, Jeffrey Seefeldt and Pamela Klute and 261 answer by defendants A.H.I., Inc., Alliance Holdings, Inc. and David B. Fenkell, except its standing defense which the court will resolve in the remedies opinion. Signed by District Judge William M. Conley on 5/31/13. (krj)
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Filing
736
ORDER that Plaintiffs' motion for leave to amend their complaint to add Karen Fenkell as a defendant and to assert a claim against her as a gratuitous transferee in violation of ERISA § 502(a)(3) dkt. # 689 is GRANTED. Plaintiffs' proposed third amended complaint dkt. # 690 -1 is now the operative pleading in this case. Signed by District Judge William M. Conley on 7/25/2012. (voc)
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Filing
93
ORDER denying as moot 17 , 18 and 39 Motions to Dismiss. Granting 87 Stipulation for Waiver of Service and Time for Defendants to Respond to Amended Complaint. Defendants may have until 3/1/2010 to respond to amended complaint. Signed by Chief Judge Barbara B. Crabb on 2/2/2010. (vob)
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