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Perez v. Greater Columbia Ob-GYN P.A.

United States District Court, D. South Carolina, Columbia Division

June 13, 2016

THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
GREATER COLUMBIA OB-GYN, P.A. PROFIT SHARING PLAN, a benefit plan, & ESTATE OF SUSAN KEESHAN, Defendant.

          CONSENT JUDGMENT AND ORDER

          JOSEPH F. ANDERSON, JR. UNITED STATES DISTRICT JUDGE.

         Plaintiff, Secretary of Labor, United States Department of Labor, pursuant to his authority under §§ 502(a)(2) and 502(a)(5), 29 U.S.C. §§ 1132(a)(2) and 1132(a)(5), of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq., ("ERISA") has filed a Complaint against Defendants Greater Columbia OB-GYN, P.A. Profit Sharing Plan and Estate of Susan Keeshan. Defendants and the Secretary have agreed to resolve all matters in controversy in this action, and any proceedings related thereto, and said parties do now consent to entry of a Judgment and Order by this Court in accordance herewith.

         A. The Secretary's Complaint alleges that the Company breached its fiduciary duty with respect to the Greater Columbia OB-GYN, P.A. Profit Sharing Plan (the "Plan") by failing to discharge its duties under the Plan and by violating provisions of § 404 of ERISA, 29 U.S.C. § 1104, as set forth in the Complaint. The Complaint also alleges that Keeshan is the named Trustee of the Plan.

         B. Defendants hereby admit to the jurisdiction of the Court over it and over the subject matter of this action. Defendants admit that this Court has the authority to enforce this Order and that this Court is the most appropriate venue for any enforcement action which may be required as a result of this Order.

         C. Defendants expressly waive any and all claims of whatsoever nature that they have or may have against the Secretary, or any of her officers, agents, employees, or representatives, arising out of or in connection with the filing, prosecution, and maintenance of this civil action or any other proceeding and investigation incident thereto.

         D. This Order represents a complete settlement of all the Secretary's claims asserted in this action against Defendants. This Order is not binding upon any government agency other than the U.S. Department of Labor and only resolves claims arising out of this action as between the Secretary and Defendants.

         E. The Secretary and Defendants expressly waive Findings of Fact and Conclusions of Law, except as otherwise set forth and addressed herein, and consent to the entry of this Order as a full and complete resolution of all claims and issues which were, or might have been, alleged in this action without trial or adjudication of any issue of fact or law raised in the Complaint.

         Accordingly, it is ORDERED ADJUDGED AND DECREED that:

         1. The Court has jurisdiction over the parties to this Order and the subject matter of this action and is empowered to provide the relief herein.

         2. AMI Benefit Plan Administrators, Inc. of Youngstown, Ohio, is appointed as successor fiduciary for the Plan and:

a. The successor fiduciary shall collect, marshal, and administer all of the Plan's assets and take such further actions with respect to the Plan as may be appropriate.
b. The successor fiduciary shall have all the rights, duties, and responsibilities of any fiduciary or trustee described under the Plan documents or the applicable law, with respect to the successor fiduciary's duties.
c. The successor fiduciary is authorized to delegate or assign fiduciary duties as appropriate and allowed under the law.
d. The successor fiduciary shall be entitled to receive $2, 755.00 for reasonable fees and expenses for his services, ...

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