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05-125 - Alvan Motor Freight, Inc. v. Trustees of the Central States, Southeast and Southwest Areas Pension Fund et al


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05-125 - Alvan Motor Freight, Inc. v. Trustees of the Central States, Southeast and Southwest Areas Pension Fund et al
June 6, 2007
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ORDER. The Court confirms the decision of the Magistrate Judge to grant intervention but, because the Order (doc #105) went beyond what was necessary to make that decision any findings other than those made in this Order are stricken and therefore do not bind any future decision on the pending motions for summary judgment. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb)
July 31, 2007
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MEMORANDUM OPINION & ORDER Re: [53-55] [56-57] [60-61] motions for summary judgment; The Grievance Panel's decision did not live up to the lenient standard set by the Sixth Cir. The Panel acted outside its authority to resolve a dispute with the Michigan Fund, a party not within its jurisdiction and not joined. The Panel further did not address or give an opinion on the Amended Agreement such that this Court could be confident that it construed or considered the appropriate documents. Therefore, the decision is unenforceable; Alvan will not be required to pay the compensation increases for 2004-2005 to CS Pension Fund. Judgment on the merits for Pltf shall be granted. It is Ordered that the decision of the Central Region Joint Area Committee is vacated. Signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb)
May 7, 2008
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MEMORANDUM OPINION & ORDER denying Alvan's claim for attorney fees under ERISA and under Article VIII, 2(b)(5) of the NMFA is denied. (141) (155) 4:05-cv-00125-JZ; (75) (89) 1:06-cv-00809-JZ. signed by OHND Judge Jack Zouhary (OHND Judge Jack Zouhary, cjb)