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Harris v. Hardt

United States District Court, Ninth Circuit

June 21, 2013

SETH D. HARRIS, Acting Secretary of Labor, United States Department of Labor, [1] Plaintiff,
v.
TIMOTHY JOHN HARDT, MARK DELL DONNE, and the JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401(K) PLAN, Defendants.

Janet M. Herold, Regional Solicitor, Bruce L. Brown, Associate Regional Solicitor, Danielle L. Jaberg, Counsel for ERISA, Evan H. Nordby, Trial Attorney, WSBA #35937, Office of the Solicitor, U.S. Department of Labor, Seattle, WA, Attorneys for Hilda L. Solis, Secretary of Labor, United States Department of Labor, Plaintiff.

MARK DELL DONNE Solicitor of Labor, Defendant.

STIPULATION TO AMEND PARTIAL CONSENT JUDGMENT AND ORDER BETWEEN THE SECRETARY OF LABOR AND MARK DELL DONNE AND THE JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401(K) PLAN

ANTHONY W. ISHII, District Judge.

WHEREAS:

A. Plaintiff HILDA L. SOLIS, then-Secretary of Labor, United States Department of Labor; MARK DELL DONNE, an individual ("Dell Donne"); and the JOURNEY ELECTRICAL TECHNOLOGIES, INC. 401(K) PLAN (the "Plan" or "401(k) Plan")[2] agreed to a Partial Consent Judgment and Order to resolve this matter, which was entered by this Court on May 30, 2012. (Dkt. 49).

B. The May 30, 2012 Partial Consent Judgment and Order awarded a judgment in the amount of $472, 235.11 against Dell Donne.

C. Under the May 30, 2012 Partial Consent Judgment and Order, Dell Donne assigned the right to collect $450, 000.00 of the proceeds of an arbitration award in the matter of Tri-State, Inc. d/b/a Journey Electrical Technologies, et al. v. Taisei Construction Corporation, et al., Los Angeles County Superior Court Case No. NC053609 (the "Arbitration Award") from Journey Electrical Technologies to the Plan.

D. Under the May 30, 2012 Partial Consent Judgment and Order, Dell Donne further forfeited his account balance in the Plan, totaling $22, 235.11 valued as of April 21, 2012.

E. Following Dell Donne's assignment of the $450, 000.00 portion of the Arbitration Award to the Plan, other creditors of Journey Electrical Technologies asserted claims against the Arbitration Award, and Taisei Construction Corporation interpleaded the entirety of the Arbitration Award funds in Los Angeles County Superior Court.

F. Representatives of Plaintiff SETH D. HARRIS, Acting Secretary of Labor, United States Department of Labor ("Secretary" or "EBSA"), and, Defendant Dell Donne participated in a mediation on March 26, 2013, which resolved the dispute over the interpleaded Arbitration Award funds resulting in a recovery of $312, 240.44 to the Plan under the assignment from Journey Electrical Technologies, Inc. under the Stipulated Settlement and Order Pursuant to Stipulation for Distribution of Interpleaded Funds attached as Exhibit A.

G. The Secretary and Defendants Dell Donne and the Plan therefore wish to amend the Partial Consent Judgment and Order.

H. The Secretary and Defendants Dell Donne and the Plan reaffirm that the Partial Consent Judgment and Order as amended shall settle all claims of the Secretary asserted in the Complaint against Defendants Dell Donne and the Plan, as set forth in Paragraph 14 in the May 30, 2012 Partial Consent Judgment and Order.

THEREFORE:

The Secretary and Defendants Dell Donne and the Plan stipulate to amend the May 30, 2012 Partial Consent Judgment and Order, which is appended to this Stipulation as Exhibit B and is incorporated by reference, by substituting each of the following numbered paragraphs for those corresponding numbered paragraphs in the May 30, 2012 ...


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