The Verizon Employee Benefits Committee v. Pauk et al

Filing 23

ORDER entered by Nanette Laughrey. The Plaintiff's Motion for Temporary Restraining Order is deemed withdrawn and the Motion for Preliminary Injunction [Doc. 4] is GRANTED. (Barragan-Scott, Alana)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
VERIZON EMPLOYEE BENEFITS
COMMITTEE,
Plaintiff,
v.
ALLEN PAUK and NATIONAL
FINANCIAL SERVICES LLC,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

No. 2:14-CV-04058-NKL

ORDER
Pursuant to Rule 65(b) and (d) of the Federal Rules of Civil Procedure, upon
consideration of Plaintiff’s Complaint [Doc. 1], Plaintiff’s Motion for Temporary Restraining
Order and Preliminary Injunction [Doc. 4], Brief in Support of Motion for Temporary
Restraining Order and Preliminary Injunction [Doc. 5], and the March 6, 2014 Declaration of
Marc Schoenecker [Doc. 6], and in light of the Stipulation of the parties [Doc. 19], as well as
Defendant Pauk’s Answer and Counterclaim [Doc. 15] it is hereby ORDERED (a) that Plaintiff’s
Motion for Temporary Restraining Order is deemed withdrawn; and (b) that Plaintiff’s Motion
for Preliminary Injunction is GRANTED as follows:
Until further order of the Court, Defendants Allen Pauk and National Financial Services
LLC are hereby enjoined from dissipating, transferring, pledging, spending, disposing of, or
encumbering any further portion of the balance of the National Financial Services IRA Account
No. XXXXX1500 ("NFS IRA"), which was originally funded on February 1, 2014 with a
$309,585.32 rollover distribution from the GTE Midwest Incorporated Plan for Hourly-Paid
Employees’ Pensions (hereinafter, the “Pension Plan”), which is a component of the Verizon
Pension Plan for Mid-Atlantic and South Associates, but which the parties acknowledge Allen

Pauk previously withdrew $30,000 prior to notice and institution of this proceeding, and it being
acknowledged that the balance has also fluctuated, and notwithstanding this Order the balance
will permissibly fluctuate, based on investment gains and losses and any applicable fees charged
in the ordinary course related to the NFS IRA.

This Preliminary Injunction shall apply to

Defendants Allen Pauk and National Financial Services LLC and their officers, agents, servants,
employees, attorneys, and other persons in active concert or participation with Defendants Allen
Pauk and National Financial Services LLC.
In accordance with the foregoing, the Plaintiff’s Motion for Temporary Restraining Order
is deemed withdrawn and the Motion for Preliminary Injunction [Doc. 4] is GRANTED.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: April 14, 2014
Jefferson City, Missouri