Harris v. A.D. Vallett & Co., LLC et al
| Seth D. Harris |
| Henry E. Hildebrand, III, Project C.A.M.P. 401(k) Profit Sharing Plan and Trust, A.D. Vallett & Co., LLC, Wiley Group, Inc. 401(k) Profit Sharing Plan and Trust, Mephisto 410(k) Profit Sharing Plan, Aaron Donald Vallett, Timothy E. McNutt, Sr. D.D.S. 401(k) Profit Sharing Plan and Trust and Southeastern Building Corporation 401(k) Profit Sharing Plan and Trust |
| 3:2013cv00105 |
| February 8, 2013 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Williamson |
| Todd J. Campbell |
| Juliet E. Griffin |
| Labor: E.R.I.S.A. |
| 29 U.S.C. ยง 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing
44
ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 39 ), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is a dopted and approved. Accordingly, (1) the Plaintiff's Motion for Summary Judgment (Docket No. 21 ) is GRANTED; (2) the Plaintiff is awarded $58,236.24 in lost earnings and pre-judgment interest; (3) Post-judgment interest is awarded and shall be calculated in accord with 28 U.S.C. § 1961 from the date of entry of judgment in this case; and (4) the Defendant Aaron Donald Vallett is permanently enjoined as follows: (a) Defendant Aaron Donald Vallett is permanently enjoined fro m serving as a fiduciary and from engaging in any violation of ERISA in the future; and (b) Defendant Aaron Donald Vallett is permanently enjoined from providing any services, whether as a fiduciary or otherwise, directly or indirectly to any ERISA-covered plan. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/27/2014. (xc:Pro se party by regular and certified mail.)(hb)
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Filing
41
ORDER: By Report and Recommendation entered March 10, 2014 (Docket Entry No. 39 ), the Court recommended that the plaintiff's motion for summary judgment (Docket Entry No. 21 ) be granted. Rule 72(b)(2) of the Federal Rules of Civil Procedu re and 28 U.S.C. § 636(b)(1) provide that any objections to a Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of being served with the Report and Recommendation, and must state with particularity the s pecific portions of the Report & Recommendation to which objection is made. Failure to file written objections within the specified time can be deemed a waiver of the right to appeal the District Court's order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/11/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)
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