Solis v. Weiss et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, this Court has reviewed the August 19, 2013 Report and Recommendation for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, the August 19, 2013 Report and Recommendation is adopted as if set forth herein, and the Secretary of Labor's motion for a default judgment is granted. The Court hereby directs that judgment be entered i n favor of the Secretary of Labor and against Weiss in the amount of $735,436.03, plus pre-judgment interest to be calculated by the Clerk of Court as set forth in the August 19, 2013 Report and Recommendation. In addition, any participant inte rest Weiss may have in any existing or future assets of the Plan shall be applied as an offset against the amount that the Secretary of Labor is owed, if the losses are not otherwise restored to the Plan by Weiss, and Weiss is permanently enjoined fr om serving as a fiduciary, trustee, agent, representative or service provider to any employee benefit plan covered by ERISA, including the Plan at issue here, and from violating ERISA in the future. Upon entry of judgment, the Clerk of the Court is directed to close this case. Ordered by Judge Denis R. Hurley on 9/9/2013. (Spatola, Richard)