Thomas E. Perez et al v. Urban Hotel 401(k) Plan and Trust

Filing 26

DEFAULT JUDGMENT AND PERMANENT INJUNCTION by Judge Percy Anderson: Related to: NOTICE OF MOTION AND MOTION for Default Judgment against defendant Urban Hotels Inc dba LAX Plaza Hotel 22 . Please refer to the Court's order for specifics. (MD JS-6. Case Terminated) (cr)

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1 JS-6 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EDWARD C. HUGLER, 12 13 14 15 Plaintiff, No. CV 16-9262 PA (AFMx) DEFAULT JUDGMENT & PERMANENT INJUNCTION v. URBAN HOTELS INC. dba LAX PLAZA HOTEL, URBAN HOTEL 401(k) PLAN AND TRUST, 16 Defendants. 17 18 19 20 21 In accordance with the Court’s April 17, 2017 Order granting the Motion for Default 22 Judgment filed by plaintiff Edward C. Hugler (“Plaintiff”), it is hereby ORDERED, 23 ADJUDGED, AND DECREED that: 24 25 26 27 28 1. Defendant Urban Hotels Inc. dba LAX Plaza Hotel, and Hidebumi Minagawa and Hailu Solomon are hereby removed as fiduciaries of the Urban Hotel 401(k) Plan and Trust (the “Plan”). 2. Metro Benefits, Inc., 8150 Perry Highway Suite 311, Pittsburgh, Pennsylvania 15237, hereby is appointed as the Independent Fiduciary of the Plan, and: 1 a. will be responsible for collecting, marshalling, paying out, and 2 administering all of the assets of the Plan and take further action with respect to the Plan as 3 appropriate, including terminating the Plan when all of its assets have been distributed to all 4 Eligible Plan Participants and Beneficiaries; 5 b. shall, pursuant to the procedures outlined in the Employee Benefits 6 Security Administration’s Field Assistance Bulletin 2014-01, exercise reasonable care and 7 diligence to identify and locate each participant and beneficiary of Plan who is eligible to 8 receive a distribution under the terms of the Plan; 9 c. shall have all the rights, duties, discretion, and responsibilities of a 10 trustee, fiduciary, and Plan Administrator under ERISA, including filing a final Internal 11 Revenue Service Form 5500; 12 d. shall be authorized to delegate or assign fiduciary duties as appropriate 13 and allowed under the law and may retain such assistance as it may require, including 14 attorneys, accountants, actuaries, and other service providers; 15 16 e. shall be authorized to receive such fees and expenses in the amount of $2,525.00 from the assets of the Plan as the Court finds reasonable; 17 f. shall be authorized to have full access to all data, information, and 18 calculations in the Plan’s possession and under its control, including information and records 19 maintained by the Plan’s custodial trustee or service provider; 20 21 g. shall have the authority to give instructions respecting the disposition of assets of the Plan; 22 h. shall comply with all applicable rules and laws; and 23 i. shall cooperate with all reasonable requests for information the Secretary 24 may have. 25 26 DATED: April 17, 2017 _________________________________ Percy Anderson UNITED STATES DISTRICT JUDGE 27 28 -2-

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