SOLIS v. KORESKO et al

Filing 1554

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE OBJECTION BY THE NEWELL PLAN (DOC. NO. 1441 ), IS SUSTAINED. THE NEWELL PLAN IS CONSIDERED SEPARATE FOR PURPOSES OF THE EQUITABLE DISTRIBUTION OF THE TRUSTS' ASSETS/ MARCUM A ND WILMINGTON TRUST WILL WORK TOGETHER TO DISENTANGLE THE NEWELL PLAN ASSETS AND ANY ISSUES THAT ARISE BY SUCH PROCESS ARE REFERRED TO JUDGE HEY. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/8/2017. 8/8/2017 ENTERED AND COPIES MAILED TO PRO SE, COUNSEL AND J. KORESKO AND E-MAILED.(amas)

Case 2:09-cv-00988-WB Document 1545-1 Filed 07/12/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
R. ALEXANDER ACOSTA,

CIVIL ACTION

SECRETARY OF LABOR, UNITED
STATES DEPARTMENT OF LABOR

v.
JOHN J. KORESKO, V, et al.

NO. 09-988

ORDER
AND NOW, this

'ff"

day of

~IA\\,.

, 201 7, upon consideration

of the Department of Labor's Motion for Equitable Distribution (Doc. 1384), the Unified
Model of Distribution, the Objection filed by W. S. Newell & Sons, Inc. (Doc. 1441), the
DOL's initial response (Doc. 1448), the supplemental briefing and accompanying
documentation (Docs. 1478, 1479, 1516, and 1517), the additional documentation and
accounting provided by Marcum, the transcript of the hearing held on May 25, 2017, and
after careful and independent review of the Report and Recommendation of United States
Magistrate Judge Elizabeth T. Hey, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED AND ADOPTED.
2. The Objection by the Newell Plan (Doc. 1441) is SUSTAINED.

Case 2:09-cv-00988-WB Document 1545-1 Filed 07/12/17 Page 2 of 2

3. The Newell Plan is considered separate for purposes of the equitable
distribution of the Trusts' assets.
4. Marcum and Wilmington Trust will work together to disentangle the Newell
Plan assets and any issues that arise by such process are referred to Judge Hey.

WENDY BEETLESTONE, J.