Perez v. Byrnes et al
||Thomas E. Perez
||Daniel M. Byrnes and Fort Orange Capital Management, Inc. Profit Sharing Plan
||January 26, 2015
||US District Court for the Northern District of New York
||Randolph F. Treece
||Frederick J. Scullin
|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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|August 10, 2017
JUDGMENT: It is ORDERED and ADJUDGED that Defendant is liable to the Plan in the amount of $310,000. This Judgment also incorporates the terms of the Court's # 48 March 28, 2017 Memorandum-Decision and Order and the terms of the Court's # 59 July 28, 2017 Order. Judgment is entered in favor of Plaintiff. [Copy served upon pro se Defendant via regular and certified mail. ] (nmk)
|March 28, 2017
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 40 motion for summary judgment is GRANTED as to liability. The Court further ORDERS that the parties shall file and serve documentation to support their arguments regard ing the calculation of restitution damages consistent with this Memorandum-Decision and Order as noted herein. The Court further ORDERS that Defendant is removed as trustee of the Fort Orange Capital Management, Inc. Profit Sharing Plan. The Court fu rther ORDERS that Defendant is permanently enjoined from serving as a fiduciary in the future for any ERISA-covered plan. The Court further ORDERS that Plaintiff shall file and serve a letter brief setting forth his recommendation regarding who shoul d replace Defendant as trustee of the Plan, his reasons for that recommendation, and the qualifications of said individual as noted herein. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/28/2017. [Copy served upon pro se defendant via regular mail.] (nmk)
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