Bogatay Trust of 2000 et al v. Penn-Mont Benefit Services, Inc. et al

Filing 44

ORDER: This case is dismissed with prejudice 42 . See formal ORDER. Signed on 7/30/2015 by Chief Judge Ann L. Aiken. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BOGATAY TRUST OF 2000 & BOGATAY,
CONSTRUCTION, INC.,
Plaintiffs,

vs.
PENN-MONT BENEFIT SERVICES, INC.
PENN PUBLIC TRUST; KORESKO &
ASSOCIATES, P.C.; KORESKO LAW
FIRM, P.C.' JOHN J. KORESKO, V;
LAWRENCE KORESKO; JEANNE
BONNEY; LARRY TOWNSEND; GREAT
SOUTHERN LIFE INSURANCE COMPANY;
& AMERICO FINANCIAL LIFE AND
ANNUITY INSURANCE COMPANY,
Defendants.
AIKEN, Chief Judge:

No. 3:13-cv-700-AA
0 R D E R

On July 7, 2015, plaintiffs moved to dismiss all claims
filed in this case with prejudice.
by any party.

No timely objection was filed

No counterclaims were filed in this action and

good cause exists for dismissal of this case.
In a related action, Thomas E. Perez, Secretary of Labor,
United States Dept. Of Labor v. John J. Koresko, v, et al., Case
No. 09-988

(E.D. Pa., McLaughlin, J.), the court has required

dismissal of the case at bar, with prejudice, as a condition of
settlement pursuant to which plaintiffs will be paid a portion of
the funds lost through the acts or omissions of defendants.
Therefore, this case is dismissed with prejudice.
IT IS SO ORDERED.
Dated this 12l/day of July 2015.

,
Ann Aiken
United States District Judge