Central States, Southeast and Southwest Areas Pension Fund v. Carstensen Freight Lines, Inc., 2000 U.S. App. LEXIS 16212 (7th Cir. July 10, 2000) (Unpublished)-In this withdrawal liability dispute between Carstensen Freight Lines and Central States, Southeast and Southwest Areas Pension Fund, this court affirmed the district court's summary judgment in favor of Central States, on the grounds that Carstensen failed to request timely arbitration, "as is ordinarily mandatory in multiemployer plan disputes," 29 U.S.C. § 1401(a)(1). Carstensen responded to Central States' initial request for withdrawal payments by stating that Central States should pursue the matter with Wintz, the company who had purchased Carstensen assets. Central States then communicated its belief the Wintz sale did not transfer liability, but Carstensen ignored the matter until Central States filed suit. This court agreed that Carstensen's arbitration request was then too late.
