Free Clerk's Judgment - District Court of Arizona - Arizona

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

Stuart J. Reillly,

) ) Plaintiff, ) ) v. ) ) Charles M. Brewer, Ltd. Profit Sharing Plan ) and Trust, a retirement plan, et al., ) ) Defendant.

JUDGMENT IN A CIVIL CASE CV 02-2218-PHX-BTM

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

X

Decision by Court. This action came for consideration before the Court. The issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed August 31, 2006, the Court finds that the Defendants are not liable to Plaintiff for any further unpaid benefits pursuant to 29 U.S.C. § 1132(a)(1)(B). The Defendants properly applied Alternative ll-D and did not assess a 12.5% interest rate on the $233,141 loan. Furthermore, the unpaid benefits as of November 2000, a deficiency which was subsequently rectified by two makeup payments in amounts satisfying Plaintiff's entitlement to benefits and prejudgment interest, do not entitle Plaintiff to any damages. Judgment is entered for the Defendants and against the Plaintiff with costs of suit. RICHARD H. WEARE District Court Executive/Clerk s/ L. Fettis By: Deputy Clerk
Document 303 Filed 08/31/2006 Page 1 of 2

August 31, 2006

cc: all counsel
Case 2:02-cv-02218-BTM-LSP

Case 2:02-cv-02218-BTM-LSP

Document 303

Filed 08/31/2006

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