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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : ROY ESSEX, et al. : v. : Civil Action No. DKC 2003-3276 : DOUGLAS A. RANDALL, et al. : ORDER For the reasons stated in the foregoing Memorandum Opinion, it is this 15th day of March, 2005, by the United States District Court for the District of Maryland, ORDERED that: 1. The motion of Plaintiffs Roy Essex, Eric Weiss, Frank

Stegman, Ritchie Brooks, William Johnson, and John Woodall, as Trustees of the Warehouse Employees Union Local No. 730 Health & Welfare Trust Fund ("the Fund"), for default judgment against Defendant Douglas Randall on the original complaint, pursuant to Fed.R.Civ.P. 55(b)(2) (paper no. 19), BE, and the same hereby IS, GRANTED in part as to Count I of the complaint (ERISA violation), enrichment); 2. The motion of Plaintiffs for summary judgment against and DENIED in part as to Count II (unjust

Defendants Randall and James F. Farmer, pursuant to Fed.R.Civ.P. 56 (paper no. 20), BE, and the same hereby IS, GRANTED in part as to Count I of the amended complaint against Defendant Farmer,

DENIED WITHOUT PREJUDICE AS MOOT in part as to Count I against Defendant Randall, and DENIED as to the remaining counts; 3. Judgment BE, and the same hereby IS, ENTERED in favor

of Plaintiffs and against Defendants as follows: A. IT IS HEREBY DECLARED that the Fund has a valid and

enforceable equitable lien on any settlement proceeds held by either Defendant, not to exceed $9,646.50; B. A constructive trust is hereby IMPOSED on the

escrow account of Defendant Farmer containing the attorney's fees received as a result of the third party settlement between Defendant Randall and John Anderson consequent to their auto accident of May 24, 2000; 4. Plaintiff's claims in Counts II through VII BE, and the

same hereby ARE, DISMISSED; 5. Plaintiffs' request for attorney's fees pursuant to 29

U.S.C.

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