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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CENTRAL STATES, SOUTHEAST AND )

SOUTHWEST AREAS PENSION FUND; )

and ARTHUR H. BUNTE, Jr., as Trustee, )

) Case No. 12-CV-1148

Plaintiffs, )

) Judge Ruben Castillo

v. )

)

MASON P. OGLESBY III, )

)

Defendant. )

MOTION FOR REVIVAL OF JUDGMENT

NOW COME Plaintiffs, through their attorneys, and move this Court for revival of the 

Judgment entered against Defendant and in support thereof, state as follows:

1. On February 17, 2012, Central States, Southeast and Southwest Areas Pension 

Fund (“Central States”) instituted this lawsuit against Defendant, Mason Oglesby, III, pursuant 

to sections 502(g)(2) and 4301(b) of the Employee Retirement Income and Security Act 

(“ERISA”), 29 U.S.C. §§ 1132(g)(2) and 1451(b), for collection of delinquent withdrawal 

liability.

2. This Court entered a Judgment in favor of Plaintiffs and against Defendant on 

May 9, 2012, in the amount of $43,370.78. The Judgment amount consists of $32,461.76 in 

withdrawal liability principal, $2,537.42 in interest, $6,492.35 in liquidated damages; $1,879.25 

in attorneys’ fees and costs as allowed pursuant to 29 U.S.C. § 1132(g) (see copy of Judgment 

Order attached hereto as Exhibit A). 

3. The Judgment entered against the Defendant remains unsatisfied.
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4. On June 18, 2012, Plaintiffs registered the Judgment in the Northern District of

Ohio.

5. On June 18, 2012, Plaintiffs filed a Certificate of Judgment Lien Upon Land and 

Tenements in the Eastern Division of Akron Ohio, in the amount of $43,370.78, on all real 

property owned by Defendant (a true and accurate copy is attached hereto as Exhibit B).

6. Ohio Rev. Code § 2329.07(B)(1) states that a judgment is “dormant and shall not 

operate as a lien against the estate of the judgment debtor” after five (5) years from the date of 

the judgment.

7. Under Ohio Rev. Code § 2325.15, a judgment may be revived by the court in 

which such judgment was rendered. An action to revive a judgment can be brought within ten 

(10) years from the time it became dormant. Ohio Rev. Code § 2325.18(A).

8. Plaintiffs submit this Motion for Revival of Judgment in accordance with Ohio 

law and further submit that interested parties have been notified of this Motion as evidenced by 

the Certificate of Service attached hereto.

9. Post judgment interest through August 30, 2017, has accrued on the Judgment in 

the amount of $13,975.82.

10. Plaintiffs have not expended any court costs.

11. No credit has been applied to the Judgment. 

12. Plaintiffs submit along with this Motion a draft Order Reviving Judgment, 

attached hereto as Exhibit C.
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Respectfully submitted, 

/s/ Caitlin M. McNulty

Caitlin M. McNulty, Esq. 

CENTRAL STATES FUNDS

Law Department

9377 W. Higgins Road, 10th Floor

Rosemont, Illinois 60018

Telephone: (847) 939-2463

Email:cmcnulty@centralstates.org

August 24, 2017 ARDC No. 6317985
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CERTIFICATE OF SERVICE

I, Caitlin M. McNulty, one of the attorneys for Central States, Southeast and Southwest 

Areas Pension Fund, hereby certify that on August 24, 2017, I served the forgoing Motion for 

Revival of Judgment, via UPS Next Day Air Mail to:

Mason Oglesby, III 

430 Cleveland Rd.

Norwalk, OH 44857-9028

/s/ Caitlin M. McNulty

Caitlin M. McNulty, Esq. 

CENTRAL STATES FUNDS

Law Department

9377 W. Higgins Road, 10th Floor

Rosemont, Illinois 60018

Telephone: (847) 939-2463

Email:cmcnulty@centralstates.org

August 24, 2017 ARDC No. 6317985