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Perez v. Mueller

United States District Court, D. Minnesota

January 5, 2017

THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, Plaintiff,
v.
LORI JO. MUELLER, and the EDELWEISS 401K PLAN Defendants.

          FOR DEFENDANT LORI JO. MUELLER

          FOR PLAINTIFF M. PATRICIA SMITH SOLICITOR OF LABOR, CHRISTINE Z. HERI REGIONAL SOLICITOR, MARK HENRY ISHU TRIAL ATTORNEY ATTORNEYS FOR THOMAS E. PEREZ, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR

          FOR INDEPENDENT FIDUCIARY: LLOYD W. SCHNIEDERS, GRABEL, SCHNIEDERS, HOLLMAN & CO., PC, FOR PROPOSED INDEPENDENT FIDUCIARY

          CONSENT ORDER AND JUDGMENT WITH RESPECT TO LORI JO. MUELLER

          DAVID S. DOTY UNITED STATES DISTRICT JUDGE

         Plaintiff THOMAS E. PEREZ, Secretary of Labor, United States Department of Labor, pursuant to the provisions of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended, 29 U.S.C. §1001, et seq., filed a complaint against defendant Lori Jo. Mueller, alleging breaches of his fiduciary responsibilities under ERISA §§ 404 and 406, 29 U.S.C. §§ 1104 and 1106, with respect to the Edelweiss 401(k) Plan (“Plan”). Furthermore, the Plan was named as a defendant pursuant to Federal Rule of Civil Procedure 19(a) solely to assure that complete relief would be granted.

         Defendant Lori Jo. Mueller waived service of process of the complaint and admitted to the jurisdiction of this Court over her and the subject matter of this action.

         The Plaintiff and Defendants agree to resolve all matters in controversy in this action between them (except for the imposition by Plaintiff of any penalty pursuant to ERISA §502(1), 29 U.S.C. §1132(1), and any proceedings related thereto), and said parties do now consent to entry of a Consent Order and Judgment by this Court in accordance therewith.

         Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Consent Order and Judgment.

         IT IS THEREFORE ORDERED that:

         1. Defendant Lori Jo. Mueller is removed from her position as a fiduciary with respect to the Edelweiss 401(k) Plan (“Plan”).

         2. Defendant Lori Jo. Mueller is permanently enjoined from violating the provisions of Title I of ERISA.

         3. Defendant Lori Jo. Mueller is permanently enjoined from acting as a fiduciary or service provider to any ERISA-covered employee benefit plan.

         4. Grabel, Schniders, Hollman & Co., PC of 206 W. Argone Kirkwood, MO 63122 (“Independent Fiduciary”), is hereby appointed as the independent fiduciary for the Plan to administer the Plan and to terminate the Plan consistent with the Plan's governing documents, the Internal Revenue Code, and ERISA. (See Curriculum of Vitae Grabel, Schniders, Hollman & Co., PC attached as Exhibit A and incorporated herein.) The Independent Fiduciary shall have the following powers, duties and responsibilities:

a. The Independent Fiduciary shall have responsibility and authority to collect, liquidate, and manage such assets of the Plan for the benefit of the eligible participants and beneficiaries of the Plan who are entitled to receive such assets, until such time that the assets of the Plan are distributed to the ...

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