Solis v. Merritt et al
| Hilda L. Solis |
| Gary L Merritt, Bemcore, Inc. Employee Incentive Plan and Bemcore, Inc. |
| 3:2012cv00250 |
| July 27, 2012 |
| US District Court for the Southern District of Ohio |
| Dayton Office |
| MONTGOMERY |
| Walter H Rice |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1001 |
| None |
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Filing
9
ORDER granting 8 Motion for Default Judgment. Wherefore, it is ORDERED, ADJUDGED AND DECREED that Gary L. Merritt and Bemcore, Inc. are removed as fiduciaries of the Plan. It is further ORDERED, ADJUDGED AND DECREED, that LeFoldt & Co., P.A., 690 Towne Center Boulevard, Ridgeland, Mississippi 39157 be appointed as the independent fiduciary. The independent fiduciary shall administer the Plan in order to effectuate its termination and distribute its assets to the participants and beneficiaries. The independent fiduciary shall not be paid more than $2,317.50. Signed by Judge Walter H Rice on 01/22/2013. (kf) Modified on 1/22/2013 to add text (kf).
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Filing
4
SERVICE ORDER - Service within 120 days of filing: This action was filed July 27,2012 as of the date of this Order, Plaintiff has filed neither a waiver of service nor proof of service on Defendant. Plaintiff is reminded that Fed. R. Civ. P. 4(m) re quires the Court to dismiss an action in which service is not made within 120 days of filing the Complaint. Plaintiff's time for filing proof of service or waiver expires November 24, 2012. Unless proof of service is filed by that date, the Court will dismiss the Defendant from this action for lack of service of process. DONE and ORDERED in Dayton, Ohio, this 31st day of October, 2012.Signed by Judge Walter H Rice on 10/31/2012. (kf) Modified on 11/1/2012 to correct text (kf).
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