Solis v. JMN Consulting, Inc. et al
Filing
17
DEFAULT JUDGMENT AS TO DEFENDANTS JMN CONSULTING, INC. AND JMN CONSULTING, INC. 401(K) P/S PLAN. Granting 9 Motion for Default Judgment. (Written Opinion). Signed by Chief Judge Michael J. Davis on 11/8/11. (GRR)
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
HILDA L. SOLIS, Secretary of Labor,
:
United States Department of Labor,
:
:
Plaintiff,
:
:
:
v.
:
:
JMN CONSULTING, INC.,
:
:
and
:
:
JMN CONSULTING, INC. 401(k)
:
P/S PLAN
:
Defendants.
:
‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐
No. 0:11‐CV‐01744
Chief Judge Michael J. Davis
Mag. Judge Arthur J. Boylan
DEFAULT JUDGMENT AS TO DEFENDANTS JMN CONSULTING, INC.
AND JMN CONSULTING, INC. 401(K) P/S PLAN
Plaintiff Hilda L. Solis, Secretary of Labor, United States Department of
Labor (“the Secretary”), having filed her complaint; Defendants JMN Consulting,
Inc. and JMN Consulting, Inc. 401(k) P/S Plan (collectively “the Defendants”)
having been served with the complaint and summons; the Defendants having
failed to plead or otherwise defend within the time prescribed by law; default of
Defendants JMN Consulting, Inc. and JMN Consulting, Inc. 401(k) P/S Plan
having been entered by the Clerk of Court on August 24, 2011 and the truth of
the allegations contained in the Secretary’s complaint having been deemed to be
the truth at the time the Clerk of Court entered the default and verified by the
attached declaration of the Employee Benefits Security Administration
Investigator; now, therefore upon application of the Secretary and for cause
shown,
DEFAULT JUDGMENT IS HEREBY ENTERED against Defendants JMN
Consulting, Inc. and JMN Consulting, Inc. 401(k) P/S Plan in accordance with the
prayer of the complaint in the above‐styled action; and it is:
ORDERED, ADJUDGED, AND DECREED that:
1.
Defendant JMN Consulting, Inc. is removed from serving as a
fiduciary to the JMN Consulting, Inc. 401(k) P/S Plan and is permanently
enjoined from serving as a fiduciary or service provider with respect to any
employee benefit plan subject to ERISA.
2.
Gregory L. Ash, of Spencer Fane Britt & Browne, LLP is hereby
appointed as the independent fiduciary for the Plan. The independent fiduciary
shall have the following powers, duties and responsibilities:
a.
The independent fiduciary shall have authority to collect,
liquidate, manage, and distribute assets of the Plan for the benefit of the eligible
participants and beneficiaries of the Plan who are entitled to receive such assets
and shall terminate the Plan and distribute the Plan’s assets in accordance with
the Plan’s governing documents, the Employee Retirement Income Security Act
of 1974, as amended, 29 U.S.C. §1001, et seq., the Internal Revenue Code and this
Default Judgment;
b.
The independent fiduciary shall exercise reasonable care and
diligence to identify and locate each participant and beneficiary of the Plan who
is eligible to receive a payment under the terms of this Default Judgment and to
disburse to each such eligible participant or beneficiary the payment to which he
or she is entitled;
c.
The independent fiduciary shall have full access to all data,
information and calculations in the Plan’s possession or under its control,
including that information contained in the records of the Plan’s custodial
trustees and other service providers, bearing on the distribution of participant
account balances, recovery of amounts owed to the Plan and termination of the
Plan;
d.
The independent fiduciary may retain such persons and firms
including but not limited to accountants and attorneys, as may be reasonably
required to perform his duties hereunder;
e.
The independent fiduciary shall receive compensation not to
exceed the amount of $8,000.00 for the performance of the above‐referenced duties,
including costs reasonably and necessarily incurred, which shall be paid directly
from the assets of the Plan;
f.
The independent fiduciary shall obtain bonding in an amount
that meets the requirements of ERISA §412, 29 U.S.C. §1112. The costs incurred
by the independent fiduciary in obtaining such bonding shall by paid by the
Plan; and
g.
Upon final termination of the Plan and distribution of the
Plan’s assets, the independent fiduciary shall provide proof of such termination
and distribution of the Plan’s assets to the Regional Director, Kansas City
Regional Office, Employee Benefits Security Administration, located at 2300 Main
Street, Suite 1100, Kansas City, MO 64108.
3.
this action.
The Secretary is hereby awarded her attorney fees and the costs of
4.
The Court shall maintain jurisdiction over this matter only for
purposes of enforcing this Default Judgment.
5.
Nothing in this Default Judgment is binding on any government
agency other than the United States Department of Labor.
Dated: This 8th day of November, 2011.
s/ Michael J. Davis
MICHAEL J. DAVIS
CHIEF JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?