Perez v. Chan et al

Filing 9

ORDER denying without prejudice Independent Fiduciary's 8 Fee Application. Signed by Judge Richard A. Jones. (MW)(cc: Robert Moore via USPS)

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THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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THOMAS E. PEREZ, Secretary of Labor, ) Case No. 2:15-cv-538-RAJ
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United States Department of Labor,
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) ORDER
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Plaintiff,
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vs.
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ALFRED H. CHAN, M.D., P.C., a
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corporation; ALFRED H. CHAN, an
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individual; JUDY H. CHAN, an individual; )
ALFRED H. CHAN, M.D., P.C. DEFINED )
BENEFIT PLAN & TRUST, an employee )
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pension benefit plan
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Defendant.
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This matter comes before the Court on the “Fee Application” of Robert Moore, the

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Independent Fiduciary of the Alfred H. Chan, M.D., P.C. Defined Benefit Plan & Trust.

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Dkt. # 8. Mr. Moore’s Fee Application requests approval of $12,342.50 in additional

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fees and expenses related to the continued administration of the Plan. Id. No party has

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filed a response to the Fee Application.

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Under the terms of this Court’s previous Order, the Independent Fiduciary’s fees

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were capped at $17,500. Dkt. # 6 at 3. In order to receive approval for additional fees,

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the Independent Fiduciary was required to (a) provide the Court with an itemized fee

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application; and (b) “concurrently send a copy of this application and any supporting
ORDER - 1

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documents to the Secretary’s representative, San Francisco EBSA Regional Director

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(currently Jean Ackerman) at 90 Seventh Street, Suite 11-300, San Francisco, CA

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94103.” Id. The Secretary would then have 15 calendar days to object to the application.

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Id.

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Here, although Mr. Moore filed an itemized application, he did not provide any

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proof that he “concurrently” sent a copy of this Fee Application to the Secretary at the

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San Francisco location. Mr. Moore’s Certificate of Service indicates that the Fee

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Application was sent to the United States Department of Labor in Seattle, but does not

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mention San Francisco. Dkt. # 8 at 6. This Court’s previous Order set the requirement to

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send a copy to the San Francisco location as a clear condition precedent to receiving

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approval for additional fees, and the Court does not intend to rewrite its previous Order.

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Accordingly, the Court DENIES WITHOUT PREJUDICE the Fee Application.

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Dkt. # 8. The Independent Fiduciary may re-file his application, which this Court

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expects to contain both an itemized list of expenses and proof that the application was

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sent to the Secretary’s representative, San Francisco EBSA Regional Director at 90

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Seventh Street, Suite 11-300, San Francisco, CA 94103.

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Dated this day of 17th April, 2019.

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A

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The Honorable Richard A. Jones
United States District Judge

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ORDER - 2