Pension Benefit Guaranty Corporation v. Border Trading Co., Inc.

Filing 11

ORDER FOR DEFAULT JUDGMENT in favor of Pension Benefit Guaranty Corporation against Border Trading Co., Inc. Signed by William M. Skretny, Chief Judge U.S.D.C. on 12/12/2011. (CMD)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF NEW YORK
PENSION BENEFIT GUARANTY
CORPORATION,
Plaintiff,
v.
BORDER TRADING CO., INC.
as Plan Administrator
of the Border Trading Co., Inc.
Pension Plan,
Defendant.

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11-CV-727S

ORDER FOR DEFAULT JUDGMENT
THE COURT having reviewed the Motion for Default Judgment of Plaintiff Pension
Benefit Guaranty Corporation (“PBGC”) against Defendant Border Trading, Co. Inc. (“Border
Trading”) and the supporting Memorandum, and the Clerk having entered a Default with respect
to Defendant on October 21, 2011, and good cause having been shown therefore, it is, by the
Court,
ORDERED: That Plaintiff’s Motion for Default Judgment (Docket No. 8) is
GRANTED and a judgment by default is entered in favor of PBGC under
Fed. R. Civ. P. 55(b)(2); and it is
FURTHER ORDERED: That the Border Trading Co., Inc. Pension Plan (the “Pension
Plan”) is terminated pursuant to 29 U.S.C. § 1342(c); and it is
FURTHER ORDERED: That August 15, 2008, is established as the termination date of
the Pension Plan under 29 U.S.C. § 1348(a)(4); and it is

FURTHER ORDERED: That PBGC is appointed as statutory trustee of the Pension
Plan under 29 U.S.C. § 1342(c); and it is
FURTHER ORDERED: That Defendant or any other person having possession,
custody, or control of any records, assets, or other property of the Pension Plan shall transfer,
convey, and deliver all such records, assets, and property to PBGC; and it is
FURTHER ORDERED: That the Clerk of Court shall CLOSE this case.
SO ORDERED.

December 12, 2011.
Buffalo, New York

s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court