ACOSTA v. WOROSILO et al

Filing 15

ORDER AND JUDGMENT granting Plaintiff's 12 Motion for Default Judgment against SHARON WOROSILO, etc. Signed by Judge Susan D. Wigenton on 05/07/2018. (ek)

IN THE UNITED STATES DISTRICT COURT
FORT HE DISTRICT OF NEW JERSEY
R. ALEXANDER ACOSTA, SECRETARY OF
LABOR. UNITED STATES DEPARTMENT
OF LABOR,

Civil Action No.

18-cv-0137 (SDW!SCM)

PlaintifL
AND
JUDGMENT

SHARON WOROSILO & the NEW JERSEY
PAIN MANAGEMENT INST1TUTE PROFIT
SHARING PLAN,
Defendants.

WHEREAS, this action was filed by the Secretary of Labor (the “Secretarv’) pursuant to
Title I of the Employee Retirement Income Security Act of 1971 (“ERISA” of the “Act”),
29 U.S.C.

§

1001 ec., and by the authority vested in the Secretary by ERISA

29 U.S.C.

§

I 132(a)(5) alleging that Sharon Worosilo and the New Jersey Pain Management

Institute Profit Sharing Plan (the “Plan”) were in violation of ERISA
404(a)(I)(B). 29 U.S.C.
I.
FRISA

§

§

502(ag5),

404(a)( I)(A) and

I i04 and

The Plan was and is an employee benefit plan within the meaning of
3(3) 29 U S (

1002(3) and as establishLd to

plO\

ide benLfits to uflpIoxes of the

plan sponsor, New Jersey Pain Management Institute, who were covered by a plan subject to
Title I of ER ISA; and
II.
ERISA

§

This Court has subeet matter jurisdiction over this action pursuant to
502(e)(1), 29 U.S.C.

Jersey pursuant to ERISA

§

I 132(e)(1): venue of this action lies in the District of New

§ 502(e)(2), 29 U.S.C.

§

II 32(eg2F this Court has personal

jurisdiction over the Plan for all purposes relevant to this matter including the entry of this Order

pursuant to ERISA

§ 502d)( 1). 29 U.S.C. § 11 32(d)( I): and at times relevant to this action, the

Plan was an employee benefit plan within the meaning of ERISA

§ 3(3), and 29 U.S.C. §

1002(3); and
Ill.

The Secretary has duly made service on the Plan and Defendant Worosilo as

required by the provisions ofER1SA

§ 502(d;( I). 29 U.S.C. § I i32(d)( 1 ): and

IV.

Defendants have not answered or otherwise appeared in this matter, and

V.

The Secretary now applies ihr entry of an Order in this matter, and

being made in this matter, and no opposition to the application

being

no

answer

tiled:

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT:
Sharon Worosilo is removed Eom her role as a Trustee of the New Jersey Pain
Management institute Profit Sharing Plan;
2.

Sharon Worosilo is pennanently barred from serving as a ficluciar or service
provider [or this Plan or any other ERISA—covered Plan in the future: and

3.

Larry Lefoldt, CPA. of Lefoldt & Co., P.A., is permanently appointed to serve as
the independent fiduciary to the Plan (the independent Fiduciar\”),

IT IS FURTHER ORDERED THAT:
I. The Independent Fiduciary shall have and shall exercise plenary power over the Plan.
The Independent fiduciary shall have the exclusive authority to exercise all powers
previously exercised or held by Defendant Worosilo under the terms of the documents
governing the Plan, including hut not limited to full authority and control with respect to
the management or disposition of the assets of the Plan.
2. The Independent Fiduciary shall he subject to the orders of this Court. Within twenty
(20) days after the date of this Oider the. lndepcndent Fiduciarx shall submit to this Court

flr approval his schedule of anticipated fies and expenses ibr this matter with copies of
his submissions to he sent to all parties to this matter. Any party may tile objections with
the Court within ten (10) days after the independent Fiduciary’s submission.
3. The Plan is authorized and directed to pay the reasonable compensaflon. fees and
expenses of the independent Fiduciary and such persons and firms retained by the
independent Fiduciary in the performance of services to or for the Plan subject to the
following procedures:
a. On a quarterly basis, the Independent Fiduciary shall provide the Secretary and
Defendant Worosilo with a report of all significant actions taken and all Finds
expended. Any party may file objections with the Court within ten (1 0) days after
the Independent Fiduciary’s submission.
b. Absent any objections. the reasonable expenses and Fees incurred by the
Independent Fiduciary in the administration of the Plan shall he charged to and
paid by the Plan and allocated among the Plan participants.
c. The Secretary reserves his right to seek repayment from Defrndant Worosilo to
the Plan of the Independent Fiduciary’s compensation, fees and expenses.
DATED:

5/7 /

Newark. New Jersey