Solis v. Spencer et al

Filing 15

JUDGMENT BY DEFAULT AS TO DEFENDANT TANNILE ELIZABETH ORTIZ in favor of Hilda L. Solis against Tannile Elizabeth Ortiz. Signed by Judge Thomas M Rose on 1/25/13. (kje1) (COPY TO JG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (DAYTON)
-----------------------------HILDA L. SOLIS, Secretary of Labor, :
United States Department of Labor,
:
Case No. 3:12-cv-00283
:
Plaintiff,
:
Judge: Thomas M. Rose
:
v.
:
Magistrate Judge: Sharon L. Ovington
:
BRUCE E. SPENCER; TANNILE
:
ELIZABETH ORTIZ; PAUL
:
OLZESKI; and SPENCER &
:
ASSOCIATES, LLC PROFIT
:
SHARING AND 401(K) PLAN,
:
:
Defendants. :
-----------------------------JUDGMENT BY DEFAULT AS TO DEFENDANT TANNILE ELIZABETH ORTIZ
Defendant Tannile Elizabeth Ortiz (“Ortiz”), having waived service, having failed to
plead or otherwise defend, the legal time for pleading or otherwise defending having expired,
and the default of said defendant having been duly entered according to law on December 20,
2012 upon the application of the plaintiff, judgment is hereby entered against said Defendant
Ortiz in pursuance of the prayer of said complaint.
Wherefore, it is ORDERED, ADJUDGED AND DECREED that the Plaintiff, the
Secretary of Labor, do have and recover from Defendant Ortiz the sum of $7,061.95,
representing principal and lost opportunity costs, calculated using the greater of the Spencer &
Associates, LLC Profit Sharing and 401(k) Plan (“the Plan”)’s investment earnings rate or the
Internal Revenue Code Section 6621 rate, through January 18, 2013, and Plaintiff have execution
thereof. The amount includes $5,175.98 in unremitted employee contributions, plus lost
opportunity costs of $1,885.97, calculated through January 18, 2013.

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Within thirty (30) days, Defendant Ortiz shall send a certified or cashier’s check to each
Plan Participant who suffered a loss as a result of her fiduciary breaches, as specified in Exhibit
A, attached hereto. Within ten (10) days of payment, Defendant Ortiz shall provide satisfactory
proof of payment to the Regional Director of the Employee Benefits Security Administration
(“EBSA”), 1885 Dixie Highway, Room 210, Fort Wright, KY 41011. If any checks are returned
as undelivered, Defendant Ortiz shall promptly notify the Regional Director of EBSA for
assistance in assuring that the Plan Participants listed in Exhibit A receive the monies they are
due.
It is further ORDERED, ADJUDGED AND DECREED that the additional amount of
$4,321.43 (consisting of $3,154.42 in unremitted employee contributions and $1,167.01 in lost
opportunity costs, calculated through January 18, 2013), which is owed to Ortiz as a result of her
fiduciary breaches, shall be deemed waived.
It is further ORDERED, ADJUDGED AND DECREED that Defendant Ortiz is
permanently enjoined from violating the provisions of Title I of ERISA and permanently
enjoined from serving as a fiduciary or service provider to any ERISA-covered employee benefit
plan.

Judgment entered

Friday, January 25, 2013.

_s/Thomas M. Rose________________________
THOMAS M. ROSE
United States District Judge

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EXHIBIT A

Participant Name and
Address

Unremitted
Employee
Contributions

Lost
Opportunity
Costs

Total Owed

Ashley Atley
4673 Cottonville Rd.
Jamestown, OH 45335

$

725.00

$

257.40

$

982.40

Nancy Harris
2836 Bennington Ave
Hamilton, OH 45015-1545

$

1,450.00

$

514.80

$

1,964.80

Lisa Jackson
5858 Graywood Circle SE
Mableton, GA 30126-2894

$

200.00

$

101.66

$

301.66

Wendy Kegley
P.O. Box 847
Springfield, OH 45501

$

435.00

$

154.44

$

589.44

Lisa Lovelace
133 E. Harding Rd.
Springfield, OH 45504

$

650.00

$

237.68

$

887.68

Deborah Porter
905 Mavor St.
Springfield, OH 45505

$

259.98

$

79.84

$

339.82

Margaret Ramey
4744 Oxtoby St.
Springfield, OH 45505

$

700.00

$

252.44

$

952.44

Sharon Rice
4834 Valley Pike
Urbana, Oh 43078-9307

$

81.00

$

39.88

$

120.88

Kathleen Sallot
3407 Turner Dr
Springfield, OH 45505

$

675.00

$

247.83

$

922.83

Total:

$

5,175.98

$

1,885.97

$

7,061.95

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