UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 3, 2011
HILDA L. SOLIS, SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
D.L. SILVA, INC., DBA CUSTOM AIR, FDBA, SUNSET HOME AND HEARTH, A CORPORATION;
DENNETTE DORES,AN INDIVIDUAL; DANIEL SILVA, AN INDIVIDUAL;
ESTATE OF DENNIS L. SILVA, PROBATE ESTATE OF AN INDIVIDUAL;
THE CUSTOM AIR EMPLOYEE BENEFIT TRUST, AN EMPLOYEE HEALTH BENEFIT PLAN.
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
MODIFICATION OF THE APRIL 14, 2011 CONSENT JUDGMENT & ORDER
Plaintiff, HILDA L. SOLIS, Secretary of Labor, United States Department of Labor and Defendants D.L. SILVA, INC. dba CUSTOM AIR, fdba SUNSET HOME AND HEARTH, a corporation ("Custom Air"); DENNETTE DORES ("Dores"), an individual; DANIEL SILVA ("Silva"), an individual; ESTATE OF DENNIS L. SILVA,probate estate of an individual ("the Estate"); the CUSTOM AIR EMPLOYEE BENEFIT TRUST, an employee health benefit plan ("the Plan") (collectively, "the Defendants") respectfully request this Court to Modify the Consent Judgment and Order that it approved on April 14, 2011 as listed below:
IT IS HEREBY ORDERED, ADJUDGED, and DECREED that the April 14, 2011
Consent Judgment and Order shall be modified as follows:
1. GTrust at 900 S. Kansas Ave., Topeka, Kansas, 66612 replaces Stephen Page as the Independent Fiduciary in Paragraphs 5, 6, and 8 of the April 14, 2011 Consent Judgment.
The Court directs the entry of this Modification to the April 14, 2011 Consent Judgment & Order as a final order.
IT IS SO ORDERED.
Entry of this Consent Judgment & Order is hereby consented to: Dated: May 2, 2011
M. PATRICIA SMITH Solicitor of Labor LAWRENCE BREWSTER Regional Solicitor DANIELLE L. JABERG Counsel for ERISA By: NORMAN E. GARCIA Senior Trial Attorney Attorneys for HILDA L. SOLIS, Secretary of Labor, United States Department of Labor Dated: May 2, 2011 NICKOLAS D. YANANO Warda & Yonano LLP 2350 W. Monte Vista Ave. Turlock, CA 95382 (209) 667-1809 Attorney for Defendants
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