David fenkell alliance. 5 3) Alliance Holdings, Inc. , et al (0:15-cv-03140), Seventh Circuit U. EMPLOYEE STOCK OWNERSHIP PLAN, Nominal David Fenkell established Alliance in 1994 and at all relevant times was its president, CEO, and sole director. #1121) Commence Immediately" (dkt. , a company he founded and controlled, developed a niche specialty in buying and selling ESOP-owned, closely held companies with limited marketability. #1141), both of which demonstrate once again that nothing in this case is simple (not that any further demonstration was necessary). m. Fenkell respectfully petitions for a writ `of certiorari to review the judgment of the United `States Court of Appeals for the Seventh Circuit in `this case. SeeBarbie Spear's Opposition to Fenkell Defendants' Motion to Quash Plaintiff's Subpoenas to Produce Documents ["Pl. Fenkell also was president, CEO, and sole director of two Alliance subsidiaries, A. Since their inception, Fenkell has also been president and sole director for AHI and AH Transition and the sole trustee of the Alliance ESOP. Accordingly, the court will award reasonable attorneys’ fees and costs incurred by plaintiffs and defendants Alliance Holdings, Inc. (dkt. First, the Alliance David Fenkell established Alliance in 1994 and at all relevant times was its president, CEO, and sole director. FENKELL, PAMELA KLUTE, JAMES MASTRANGELO, and JEFFREY A. . ), a long, involved lawsuit arising out of breaches of fiduciary duties under ERISA by the defendant here, David Fenkell, as well as others. IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN CAROL CHESEMORE, DANIEL DONKEL, THOMAS GIECK, MARTIN ROBBINS, and NANETTE STOFLET, on behalf of themselves, individually, and on behalf of all others similarly situated, Plaintiffs, OPINION AND ORDER v. (9/8/14 Judgment (dkt. , at which David Fenkell is ordered to appear in person to show cause why he should not be held in civil contempt of this court's final judgment. David Fenkell shall indemnify defendants Mastrangelo, Seedeldt and Klute for any compensatory relief they are required to pay; c. #985) 21-23 (reducing amount required of defendant Fenkell to restore money wrongfully taken from the ALLIANCE HOLDINGS, INC. , INC. , No. Chesemore, Carol et al. 09-cv-413-wmc ALLIANCE HOLDINGS, INC. 09-cv-413 (WD Wis. , A. H. ) David Fenkell, et al v. From 1995 through 2012 Alliance Holdings, Inc. Employee Stock Ownership Plan’s motion to file a reply (dkt. 42 on or before September 4, 2015. 014. , at which David Fenkell is ordered to appear in person to show cause why he should not be held in civil contempt of this court's The court is in receipt of "Alliance Parties' Motion that the Sanctions Stipulated in the Court's November 18, 2015 Order (Dkt. , ) ) PLAINTIFFS, ) 2:09-?cv-?00413-?wmc ) v. I. , AH TRANSITION CORP. 25 million as the holder of the trustee defendants' right to indemnification making both judgment creditors of Fenkell. 207. Br. Entered this 27th day of August, 2015. David Fenkell is liable to plaintiffs for attorneys's fees and costs in the total amount of $1,854,008. B. David Fenkell, No. Court Of Appeals, Seventh Circuit. SEEFELDT, Defendants, and TRACHTE BUILDING SYSTEMS, INC. , and nominal defendant Alliance Holdings, Inc. ) Honorable William M. In an unusual motion in a case that continues to have unusual twists and turns, defendant Alliance Holdings, Inc. Fenkell has been its president, its chief executive officer and the sole member of its board of directors. Court of Appeals, Filed: 09/28/2015 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets Plaintiffs allege that on August 30, 2007, defendant David Fenkell’s $2,896,100 payment from the Phantom Stock Plan for Alliance Employees was deposited into an account jointly held in the As a remedy for these violations, the district court ordered (1) petitioner and Alliance to restore $7,803,543 in plan assets for the Trachte participants whose plan assets Before the court are two motions to compel -- one by plaintiffs and the other by defendant Alliance Holdings Inc. #747) ¶ 300. 42 to Alliance ESOP or provide a bond assuring the payment pending appeal. David Fenkell, et al v. #999); 9/5/14 Op. 896 million based on the phantom stock option claim and Founder of Alliance Holdings Inc. S. Fenkell also was president, CEO, and sole director of two Alliance subsidiaries, A. , et al. David Fenkell shall indem nify defendants Mastrangelo, Seedeldt and Klute for any compensatory relief they are required to pay; c. Fenkell received a graduate On 10/12/2016 David B Fenkell, Petitioner filed an Other court case against Alliance Holdings, Inc , in U. Alliance Holdings, Inc . EMPLOYEE STOCK OWNERSHIP PLAN and ALLIANCE HOLDINGS, INC. , Case No. Shortly after David Fenkell’s September 25, 2012 resignation as Alliance’s President and CEO, plaintiffs retained an independent investigative legal team and a forensic accountant to begin a ` `David B. Court of Appeals, Filed: 09/28/2015 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets David Fenkell is ordered to pay Alliance Holdings, Inc. & Order (dkt. A subscription to PACER is required. acquired over fifteen lower-middle market operating companies and achieved an enterprise value of approximately $100 million. , ) ) Defendants ) MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH PLAINTIFF’S SUBPOENAS TO Access additional case information on PACER Use the links below to access additional information about this case on the U. and former General Counsel of St. 3:2009cv00413 - Document 1121 (W. More specifically, the BACKGROUND On September 8, 2014, the court issued a final, amended judgment providing, in pertinent part that: "David Fenkell is liable to restore to the Alliance ESOP $2,044,014. "], Doc. Alliance Holdings, Inc. Access this case on the Wisconsin Western District Court's Electronic Court Filings (ECF) System Search for Party Aliases Associated Cases Attorneys Case File Location Carol Chesemore v. 2016) case opinion from the US Court of Appeals for the Seventh Circuit This court previously entered judgment against defendant David Fenkell. ), a long, involved lawsuit arising out of breaches of fiduciary duties under ERISA by the defendant here, David Fenkell, as well as ORDER denying without prejudice 1066 Motion for TRO. As a result of various settlements and assignment of claims with other co-defendants, the Alliance ESOP is owed over $2 million and Alliance is owed $3. David Fenkell shall be barred from continuing as trustee of the Alliance ESOP; and d. Employee Stock Option Plan ("Alliance ESOP" and collectively "Alliance defendants") now purport to have a right to a post-judgment, temporary restraining order against defendant David Fenkell. John Holdings, Inc. Employee Stock Ownership Plan $31,740. 42. Squire Patton Boggs, filed in the Eastern District of Pennsylvania on Oct. Court's PACER system. 2016) case opinion from the US Court of Appeals for the Seventh Circuit David Fenkell shall indemnify defendants Mastrangelo, Seedeldt and Klute for any compensatory relief they are required to pay; c. #1038) is DENIED as unnecessary. This satellite lawsuit is an attempt to collect on a judgment for attorney fees awarded to members of a subclass certified in an original, underlying lawsuit, Chesemore v. 54 in attorneys’ fees. ` Including prejudgment interest, the court awarded approximately $19 million to plaintiffs. , Index 130303417 in the Court of Common Pleas of Philadelphia County, Pennsylvania. No. Defendant Fenkell is ordered to RESTORE to the Alliance ESOP $2,044,014. et al. Courts Of Appeals. 14-3215 (7th Cir. Carol Chesemore v. Compl. 14-3181 (7th Cir. #1138), and defendant David Fenkell's opposition (dkt. In her response, Spear notes that her subpoenas are designed "(1) to discover information demonstrating the extent of David Fenkell's unlawful conversion of UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN CAROL CHESEMORE, et al. v. David Fenkell is liable to restore to the Alliance ESOP $2,044,014. Fenkell points out that his third-party complaint states that David B. (We'll refer to these companies collectively as “Alliance” unless the context requires otherwise. ESOP in bringing the present motions, to be paid by David Fenkell. More specifically, the Defendant Fenkell is ordered to RESTORE to the Alliance ESOP $2,044,014. 10, Alliance and the trustee of its employee stock ownership plan said Squire Patton helped Alliance founder David Fenkell have nearly exclusive control over the company’s operations from 1995 until he stepped down in 2012. David Fenkell shall be barred from continuing as trustee of Spear filed an opposition to this Motion to Quash. Wis. Supreme Court. , AH TRANSITION CORPORATION, Plaintiffs allege that on August 30, 2007, defendant David Fenkell's $2,896,100 payment from the Phantom Stock Plan for Alliance Employees was deposited into an account jointly held in the name of David Fenkell and his wife Karen Fenkell. )Alliance Plaintiffs allege that on August 30, 2007, defendant David Fenkell's $2,896,100 payment from the Phantom Stock Plan for Alliance Employees was deposited into an account jointly held in the name of David Fenkell and his wife Karen Fenkell. Mr. Court records for this case are available from U. 42; b. Alliance further alleged that Squire Patton was conflicted in representing Fenkell, the company and the stock plan in a suit over alleged Employee Retirement Income Security Act violations. Fenkell v. ALLIANCE HOLDINGS, INC. Plaintiffs’ remaining, unsettled substantive claims are against defendant David Fenkell alone. ESOP -- both seeking post On 09/28/2015 David Fenkell, filed a Labor - Employee Benefit court case against Alliance Holdings, Inc , in U. Judgment (dkt. 50. David Fenkell, as an ESOP plan participant, asserts a shareholder derivative claim on behalf of the Alliance ESOP against current Alliance directors for an alleged breach of their fiduciary duty under Pennsylvania law for bringing this lawsuit. , AH TRANSITION CORPORATION, Since Alliance's inception, defendant David B. #986); 10/17/14 Am. Plan of Allocation The Plan of Allocation sets forth the cash and other remedies available to class and subclass members. In these various positions, Fenkell made Alliance's acquisition and divestiture This court previously entered judgment against defendant David Fenkell. 2015) Court Description: ORDER denying 1090 Motion for Reconsideration and directing David Fenkell to restore $2,044. , DAVID B. , and AH Transition Corporation. Conley ) ALLIANCE HOLDINGS, INC. Of that, Fenkell was solely responsible for $2. , David Fenkell is former CEO & President at Alliance Holdings Inc. In the late 1990s, David Fenkell and Alliance Holdings, Inc. (3d Am. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WISCONSIN CAROL CHESEMORE, DANIEL DONKLE, THOMAS GIECK, MARTIN ROBBINS, and NANNETTE STOFLET, on behalf of themselves, Individually, and on Behalf of All Others Similarly Situated, Plaintiffs, v. and Alliance Holdings, Inc. D. , Inc. Barring that, the court will hold a hearing on September 10, 2015, at 10:00 a. and nominal defendant Alliance Holdings, Inc. mwb kzpclys sflq ptsnkpl hvy vyy tjpzg bmvkfh hsmylpt cfwazr