Central States, Southeast and Southwest Areas Pension Fund et al v. Oglesby

Filing 32

MOTION by Plaintiffs Arthur H Bunte, Jr, Central States, Southeast and Southwest Areas Pension Fund for judgment revival (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McNulty, Caitlin)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
CENTRAL STATES, SOUTHEAST AND
SOUTHWEST AREAS PENSION FUND;
and ARTHUR H. BUNTE, Jr., as Trustee,

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Plaintiffs,
v.
MASON P. OGLESBY III,
Defendant.

Case No. 12-CV-1148
Judge Ruben Castillo

MOTION FOR REVIVAL OF JUDGMENT
NOW COME Plaintiffs, through their attorneys, and move this Court for revival of the
Judgment entered against Defendant and in support thereof, state as follows:
1.

On February 17, 2012, Central States, Southeast and Southwest Areas Pension

Fund (“Central States”) instituted this lawsuit against Defendant, Mason Oglesby, III, pursuant
to sections 502(g)(2) and 4301(b) of the Employee Retirement Income and Security Act
(“ERISA”), 29 U.S.C. §§ 1132(g)(2) and 1451(b), for collection of delinquent withdrawal
liability.
2.

This Court entered a Judgment in favor of Plaintiffs and against Defendant on

May 9, 2012, in the amount of $43,370.78. The Judgment amount consists of $32,461.76 in
withdrawal liability principal, $2,537.42 in interest, $6,492.35 in liquidated damages; $1,879.25
in attorneys’ fees and costs as allowed pursuant to 29 U.S.C. § 1132(g) (see copy of Judgment
Order attached hereto as Exhibit A).
3.

The Judgment entered against the Defendant remains unsatisfied.

TM: 554453 / 12410081 / 8/24/2017

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4.

On June 18, 2012, Plaintiffs registered the Judgment in the Northern District of

5.

On June 18, 2012, Plaintiffs filed a Certificate of Judgment Lien Upon Land and

Ohio.

Tenements in the Eastern Division of Akron Ohio, in the amount of $43,370.78, on all real
property owned by Defendant (a true and accurate copy is attached hereto as Exhibit B).
6.

Ohio Rev. Code § 2329.07(B)(1) states that a judgment is “dormant and shall not

operate as a lien against the estate of the judgment debtor” after five (5) years from the date of
the judgment.
7.

Under Ohio Rev. Code § 2325.15, a judgment may be revived by the court in

which such judgment was rendered. An action to revive a judgment can be brought within ten
(10) years from the time it became dormant. Ohio Rev. Code § 2325.18(A).
8.

Plaintiffs submit this Motion for Revival of Judgment in accordance with Ohio

law and further submit that interested parties have been notified of this Motion as evidenced by
the Certificate of Service attached hereto.
9.

Post judgment interest through August 30, 2017, has accrued on the Judgment in

the amount of $13,975.82.
10.

Plaintiffs have not expended any court costs.

11.

No credit has been applied to the Judgment.

12.

Plaintiffs submit along with this Motion a draft Order Reviving Judgment,

attached hereto as Exhibit C.

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Respectfully submitted,
/s/ Caitlin M. McNulty
Caitlin M. McNulty, Esq.
CENTRAL STATES FUNDS
Law Department
9377 W. Higgins Road, 10th Floor
Rosemont, Illinois 60018
Telephone: [phone]
Email:[e-mail]
ARDC No. 6317985

August 24, 2017

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CERTIFICATE OF SERVICE
I, Caitlin M. McNulty, one of the attorneys for Central States, Southeast and Southwest
Areas Pension Fund, hereby certify that on August 24, 2017, I served the forgoing Motion for
Revival of Judgment, via UPS Next Day Air Mail to:
Mason Oglesby, III
430 Cleveland Rd.
Norwalk, OH 44857-9028

/s/ Caitlin M. McNulty
Caitlin M. McNulty, Esq.
CENTRAL STATES FUNDS
Law Department
9377 W. Higgins Road, 10th Floor
Rosemont, Illinois 60018
Telephone: [phone]
Email:[e-mail]
ARDC No. 6317985

August 24, 2017

TM: 554453 / 12410081 / 8/24/2017

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