Chao v. Window Lite Home Improvements Inc et al
| Minnesota District Court | |
| Case #: | 0:04-cv-04718 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | Nov 04, 2004 |
| Terminated: | May 31, 2005 |
Defendant
James Lamoureaux
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Defendant
Window Lite Home Improvements Inc
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Defendant
Window Lite Home Improvements Inc SIMPLE IRA Plan
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Plaintiff
Elaine L Chao
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GPO
May 24 2005
ORDER granting 9 Motion for Default Judgment (Written Opinion). 1. Plaintiff's motion for entry of Defendants' default pursuant to Rule 55 of the Federal Rule of Civil Procedure [Docket No. 9] is GRANTED. 2. Defendants Window Lite and Lamoureaux shall restore to the Plan $30,718.26 for unremitted employee voluntary salary contributions, as well as $3,497.38 in lost opportunity costs and interest;3. Defendants Window Lite and Lamoureaux shall undo any prohibited transactions in which they engaged or for which they are liable, including disgorgement of any profits derived therefrom;4. Defendants Window Lite and Lamoureaux are permanently enjoined from violating the provisions of Title I of ERISA; 5. Nothing in this Order as to Defendants Window Lite and Lamoureaux is binding on any government agency other than the United States Department of Labor;6. The United States Marshal shall cause a true copy of this judgment to be served on Defendants Window Lite and Lamoureaux;7. Defendants Window Lite and Lamoureaux shall pay the costs of this action, including the United States Marshal's fees and expenses for service of a true copy of this judgment.8. The Complaint as to Window Lite Home Improvements, Inc. SIMPLE IRA Plan, which was named as a defendant under Federal Rule of Civil Procedure 19(a) solely to obtain complete relief, is hereby dismissed.LET JUDGMENT BE ENTERED ACCORDINGLY.Signed by Judge Joan N Ericksen on 05/24/05. (dak) |