CENTRAL STATES, SOUTHEAST AND SOUTHWEST v. LEWIS

No. 11 CV 4845.

871 F.Supp.2d 771 (2012)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS HEALTH AND WELFARE FUND, an Employee Welfare Benefit Plan, by Howard McDOUGALL, a Trustee thereof, in his representative capacity, Plaintiff, v. Beverly LEWIS and David T. Lashgari, Esq., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

May 15, 2012.


Attorney(s) appearing for the Case

Charles H. Lee , Francis Joseph Carey , Robert Anthony Coco , Central States Law Department, Rebecca Kate McMahon , Central States Funds, Rosemont, IL, for Plaintiff.

David Tirdad Lashgari , Lashgari And Associates, Attorneys at Law, P.C., Marietta, GA, Mark W. Bina , Chicago, IL, for Defendants.


MEMORANDUM OPINION AND ORDER

JOAN HUMPHREY LEFKOW, District Judge.

Central States, Southeast and Southwest Areas Health and Welfare Fund ("Central States"), through one of its trustees in his representative capacity, filed a two count complaint under § 502(a) (3) of the Employment Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(3), seeking an equitable lien and constructive trust (Count I) and a subrogation lien and...

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