Chesemore et al v. Alliance Holdings, Inc. et al

Filing 986

FINAL JUDGMENT in favor of Carol Chesemore, Daniel Donkel, Martin Robbins, Nannette Stoflet, Thomas Gieck against David B. Fenkell in the total amount of $ 3,898,022.92. (WMC /PAO). Signed by District Judge William M. Conley on 9/8/2014. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
CAROL CHESEMORE, DANIEL DONKEL,
THOMAS GIECK, MARTIN ROBBINS, and
NANNETTE STOFLET, on behalf of
themselves, individually, and on behalf of all
others similarly situated,

FINAL JUDGMENT
IN A CIVIL CASE
Case No. 09-cv-413-wmc

Plaintiffs,
v.
ALLIANCE HOLDINGS, INC., DAVID B.
FENKELL, PAMELA KLUTE, JAMES
MASTRANGELO, STEPHEN W. PAGELOW,
JEFFREY A. SEEFELDT, TRACHTE
BUILDING SYSTEMS, INC. EMPLOYEE
STOCK OPTION PLAN, ALLIANCE
HOLDINGS, INC. EMPLOYEE STOCK
OPTION PLAN, A.H.I., INC., ALPHA
INVESTMENT CONSULTING GROUP, LLC,
JOHN MICHAEL MAIER, AH TRANSITION
CORPORATION, and KAREN FENKELL,
Defendants;
PAMELA KLUTE, JAMES MASTRANGELO,
and JEFFREY A. SEEFELDT,
Cross Claimants,

v.
ALLIANCE HOLDINGS, INC., and
STEPHEN W. PAGELOW,
Cross Defendants.

This action came for consideration before the court with District Judge
William M. Conley presiding. The issues have been considered and a decision has
been rendered.

Judgment in a Civil Case

Page 2

IT IS ORDERED AND ADJUDGED
that judgment is entered in favor of plaintiffs against defendant David Fenkell on the
unsettled claims as follows:
a. David Fenkell is liable to restore to the Alliance ESOP $2,044,014.42;
b. David Fenkell shall indemnify defendants Mastrangelo, Seedeldt and Klute
for any compensatory relief they are required to pay;
c. David Fenkell shall be barred from continuing as trustee of the Alliance ESOP; and
d. David Fenkell is liable to plaintiffs for attorneys's fees and costs in the total
amount of $1,854,008.50.
All other claims in this action are dismissed pursuant to the parties' settlement agreements,
and this case is closed with the court retaining jurisdiction over enforcement of those
agreements .

. Conley, District Judge

Date