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Solis v. Escobal

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 9, 2009

HILDA L. SOLIS, SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR,*FN1 PETITIONER,
v.
PEDRO "PETER" ESCOBAL, AN INDIVIDUAL; GAYLE ESCOBAL, AN INDIVIDUAL; UNIVERSAL AQUARIUM SYSTEMS, INC., A CALIFORNIA CORPORATION; AQUATRONICS, INC., A CALIFORNIA CORPORATION; AND THE UNIVERSAL AQUARIUM SYSTEMS D/B/A AQUATRONICS 401K PLAN, AN EMPLOYEE BENEFIT PLAN, RESPONDENTS.

The opinion of the court was delivered by: Evan H. Nordby United States District Judge

ORDER ADJUDICATING DEFENDANT-RESPONDENT GAYLE ESCOBAL IN CIVIL CONTEMPT

Plaintiff-Petitioner, HILDA L. SOLIS, Secretary of Labor, United States Department of Labor (the "Secretary"), having filed her petition for the prosecution by this Court of Defendant-Respondent GAYLE ESCOBAL, an individual, for civil contempt of court; and Defendant-Respondent GAYLE ESCOBAL having failed to show cause pursuant to this Court's February 13, 2009 Order to Show Cause why she should not be held in civil contempt for refusing to comply with the Consent Judgment of this Court entered on July 11, 2008; and good cause appearing therefore; it is hereby

ORDERED that Defendant-Respondent is in civil contempt of this Court by virtue of her non-compliance with the Consent Judgment and Order entered by this Court on July 11, 2008 as specified in paragraph 8 of the Secretary's January 15, 2009 Petition for Prosecution of Civil Contempt; and

ORDERED that Defendant-Respondent shall pay all expenses incurred by Plaintiff-Petitioner in the preparation and conduct of this contempt proceeding, with Plaintiff-Petitioner to file a Bill of Costs and Attorneys Fees within fifteen (15) calendar days of the date of this Order; and

ORDERED that Saakvitne Law Corporation, 532 Colorado Avenue, 2nd Floor, Santa Monica, California, 90401, is appointed as an independent fiduciary with respect to the Universal Aquarium Systems d/b/a Aquatronics 401K Plan (the "Plan") with full discretionary authority to undertake the orderly termination and distribution of the Plan, with any and all reasonable fees and expenses necessary to effectuate the orderly termination and distribution of the Plan charged initially to the Plan, to be reimbursed to the Plan by Defendant-Respondent, with Plaintiff- Petitioner to file a motion and supporting declaration setting out the final total of such fees and expenses for this Court to enter judgment against Defendant- Respondent for such fees and expenses; and

ORDERED that the United States Marshals Service shall forthwith serve copies of this order on Defendant-Respondent.

Dated this 9th day of March, 2009

UNITED STATES DEPARTMENT OF LABOR

Carol A. DeDeo

Deputy Solicitor for National Operations


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