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Central States, Southeast and v. Messina Trucking

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 15, 2013

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND; AND ARTHUR H. BUNTE, JR., TRUSTEE, PLAINTIFFS,
v.
MESSINA TRUCKING, INC., A MICHIGAN CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Honorable Robert M. Dow, Jr. United States District Judge

EXHIBIT A

Magistrate Judge Nolan

Judge Robert M. Dow, Jr.

JUDGMENT ORDER

This matter coming before the Court on Plaintiffs' Agreed Motion for Entry of Judgment Order, and the Court having reviewed the Motion, hereby FINDS, ORDERS, and ADJUDGES as follows:

A. That Plaintiffs' Motion is GRANTED.

B. That in addition to the Judgment Order dated October 28, 2011 (Dkt. 67) that was entered by this Court, a second judgment is entered in favor of Plaintiffs and against Defendants, Stephen L. Messina, Florence M. Messina, and Messina Products, L.L.C.

C. That Plaintiffs have and recover judgment from and against Stephen L. Messina, Florence Messina, and Messina Products, L.L.C., jointly and severally, in the total amount of $28,474.72. This amount consists of Plaintiffs' attorney's fees and costs incurred in connection with the appeal in this matter and which Plaintiffs, as the prevailing parties, are allowed to recover pursuant to ERISA, 29 U.S.C. §§ 1132(g)(2) and 1451(b).

D. That Stephen L. Messina and Florence M. Messina are also ordered to make their future interim withdrawal liability payments to Plaintiffs in accordance with the payment schedule determined by Plaintiffs and attached to the Notice and Demand dated March 27, 2008. Specifically, Stephen L. Messina and Florence M. Messina are ordered to make monthly interim withdrawal liability payments in the amount of $19,149.16 on the first day of each month with a final payment of $19,149.16 due on April 1, 2028.

E. Plaintiffs are further awarded post-judgment interest on the amounts awarded by this Order at an at an annualized interest rate equal to two percent (2%) plus the prime interest rate established by JPMorgan Chase Bank, NA for the fifteenth (15th) day of the month for which interest is charged, compounded annually.

Enter:

Dated:

20130515

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