REGIONAL EMPLOYERS' ASSURANCE LEAGUES VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION TRUST v. CASTELLANO et al

Filing 384

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE OBJECTIONS OF CASTELLANO AND THE DOL ARE OVERRULED. COUNSEL FOR CASTELLANO IS AWARDED $567,400.26 WHICH SHALL BE PAID FROM THE FUNDS OF THE SEWBPT AND REAL VEBA TRUST TO BE RESTORED BY THE KORESKO DEFENDANTS. WILMINGTON TRUST IS ORDERED TO PAY SAID COUNSEL FEES FROM THE TRUST.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 11/21/2017. 11/22/2017 ENTERED AND COPIES MAILED, E-MAILED.(kp, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA REGIONAL EMPLOYERS' ASSURANCE LEAGUES VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCATION TRUST, Plaintiff, CIVIL ACTION v. NO. 03-6903 GRETCHEN HUTTO CASTELLANO, , Defendant. v. JEFFERSON PILOT FINANCIAL INSURANCE COMPANY Movant FILED NOV 2 1 2017 HILDA L. SOLIS ByKAT:r:: ,_ Interested Party -----~'-" ........ ,._,, GRETCHEN HUTTO CASTELLANO Counter Claimant REGIONAL EMPLOYERS' ASSURANCE LEAGUES VOLUNTARY EMPLOYEES BENEFICIARY ASSOCIATION TRUST, BY PENNMONT BENEFIT SERVICES, INC., PLAN ADMINISTRATOR, LAWREN CE KORESKO, JEANNE D. BONNEY, JOHN J. KORESKO, V., KORESKO FINANCIAL L.P., KORESKO & ASSOCIATES, P.C., and PENN-MONT BENEFIT SERVICES, INC. Counter Defendants ORDER AND NOW, this 21st day of November, 2017, upon consideration of the Report and Recommendation of Magistrate Judge Elizabeth Hey regarding Defendant and Counter Claimant Gretchen Hutto Castellano's ("Castellano") motion for attorney's fees (ECF No. 367), Castellano's Objections thereto (ECF No. 373, 378 and 382) and non-party, the Department of Labor's ("the DOL") partial objections thereto (ECF No. 376), it is HEREBY ORDERED that: 1. The Report and Recommendation is APPROVED AND ADOPTED. 2. The Objections of Castellano and the DOL are OVERRULED. 3. Counsel for Castellano is AWARD ED $567 ,400.26 which shall be paid from the funds of the SEWBPT and REAL VEBA Trust ("the Trust") to be restored by the Koresko Defendants. 4. Wilmington Trust is ORDERED to pay said counsel fees from the Trust. WENDY BEETLESTONE, J. 2

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