Solis v. Sonora Environmental LLC et al
||Hilda Lucia Solis
||Sonora Environmental LLC, Lee Jolly and Sonora Environmental LLC 401 (K) Profit Sharing Plan
||November 15, 2010
||US District Court for the District of Arizona
||Tucson Division Office
||XX US, Outside State
||Jacqueline J Marshall
|Nature of Suit:
||Employee Retirement Income Security Act of 1974
|Cause of Action:
||29 U.S.C. § 1001
|Jury Demanded By:
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|October 24, 2012
ORDER granting 30 Motion for Default Judgment. Defendants Sonora and Jolley are jointly and severally liable to restore to the Plan the sum of $3,276.32 and are ordered to immediately remit said amount to the Plan. Sonora and Jolley are jointly and severally liable for additional prejudgment interest in an amount to be determined using the IRC Rate of 3% for the time period beginning March 16, 2012 through October 24, 2012. Post- judgment interest shall accrue on the iden tified debt at the rate set forth in 26 U.S.C. § 6621 from the date this Court enters an order in the Secretary's favor until such time as the debt is paid to the Plan in full. Sonora and Jolley are removed as fiduciaries to the Plan. So nora and Jolley are jointly and severally liable to pay the Independent Fiduciary, Alpha & Omega, Inc., his reasonable fees in the amount of up to $1,200.00 within 20 days or amount shall be entered as a judgment and post-judgment interest will be awarded. Defendant Jolley shall be permanently enjoined from serving as a fiduciary or service provider to any ERISA-covered employee benefit plan. Defendants Sonora and Jolley shall be permanently enjoined from violating the provisions of Titl e I of ERISA. The parties shall bear their own costs, expenses, and attorneys' fees. Nothing in this Order shall affect the Secretary's ability to assess a penalty pursuant to Section 502(l) of ERISA, 29 U.S.C. § 1132(l). Signed by Judge Jennifer G Zipps on 10/24/2012. (See attached PDF for complete information)(ALS)
|March 15, 2012
ORDER ADOPTING 25 Report and Recommendations. The Clerk shall enter an order of default against Defendant Jolley. Plaintiff shall submit an application for default judgment within sixty (60) days of the filing of this Order. Signed by Judge Jennifer G Zipps on 3/15/2012. (GCP)
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