Solis v. Kineticsware, Inc et al

Filing 97

ORDER granting Robert Moore's 96 Motion for Release and Discharge. Mr. Moore is released and discharged as independent fiduciary in this matter. Signed by Judge James L. Robart. (LH) (cc: Robert Moore via US mail)

Case 2:10-cv-01852-JLR Document 97 Filed 12/13/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MARTY WALSH, 1

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v.

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Plaintiff,

ORDER

KINETICSWARE, INC., et al.,
Defendants.

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CASE NO. C10-1852JLR

Before the court is the final report and request for release and discharge filed by

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Robert E. Moore, Jr., the independent fiduciary for the Kineticsware, Inc. 401(k) Plan

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(“the Plan”). (11/21/22 Report (Dkt. # 96).) No party has opposed Mr. Moore’s request.

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(See generally Dkt.)

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On November 11, 2010, Hilda L. Solis, former United States Secretary of Labor

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and predecessor to Plaintiff Marty Walsh, filed a complaint against Defendants alleging

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Pursuant to Federal Rule of Civil Procedure 25(d), the caption has been changed to
reflect the appointment of Marty Walsh as United States Secretary of Labor.
ORDER - 1

Case 2:10-cv-01852-JLR Document 97 Filed 12/13/22 Page 2 of 2

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violations of the Employee Retirement Income Security Act of 1974 (“ERISA”), as

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amended, 29 U.S.C. §§ 1001-1191c, with respect to the Plan. (See Compl. (Dkt. # 1).)

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On January 9, 2012, the court granted the parties’ joint motion to approve a consent

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judgment in which Defendants acknowledged they breached their fiduciary duties to the

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Plan. (See generally Consent Judgment and Order (Dkt. # 12) at 2.) The Consent

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Judgment and Order appointed an independent fiduciary responsible for collecting and

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distributing recouped assets with respect to the Plan. (See id. ¶ 6 (appointing Mr.

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Moore’s predecessor and setting forth the duties of the independent fiduciary); 7/24/18

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Min. Entry (Dkt. # 71) (appointing Mr. Moore as independent fiduciary).)

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Mr. Moore now reports that he has completed all distributions to the participants

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in the Plan and submitted the necessary paperwork regarding the same. (11/21/22 Report

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¶ 5.) He further represents that he has completed all of the duties and reports required of

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the independent fiduciary pursuant to the Consent Judgment and Order. (Id. ¶ 10.)

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Accordingly, he asks the court to release and discharge him from his duties as

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independent fiduciary. (Id. ¶¶ 5, 10.)

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Having reviewed Mr. Moore’s final report, the Consent Judgment and Order, and

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the relevant portions of the record, the court GRANTS Mr. Moore’s request to be

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released and discharged as independent fiduciary in this matter (Dkt. # 96).

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Dated this 13th day of December, 2022.

A

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JAMES L. ROBART
United States District Judge

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ORDER - 2