Solis v. Metro Mechanical Systems, Inc. involving default judgment of Metro Mechanical Systems, Inc. in Fort Myers, Florida

Date of Action:  March 31, 2011
Type of Action:  Default Judgment and Order
Name(s) of Defendant:  Metro Mechanical Systems, Inc. and William R. Tucker
Allegations:  The defendants failed to respond to the U.S. Department of Labor’s Complaint

Resolution:   The court ordered that the defendants are enjoined from violating the provisions of Title I of ERISA.  Defendants are permanently enjoined from acting as a fiduciary, trustee, agent or representative in any capacity to any employee benefit plan, as defined by ERISA.  Defendants shall make restitution to the Metro Mechanical Systems, Inc. 401(k) Profit Sharing Plan in the amount of $7,291.26, with post judgment interest to be assessed against any remaining unpaid balance of such amount from the date of the judgment until paid in full.  Defendants are jointly and severally liable to pay restitution.  Defendants are removed from any position the defendants hold as a named or functional fiduciary to the plan.  Larry Lefoldt is appointed as the independent fiduciary to the plan.  The defendants shall deliver or make available to the independent fiduciary any information, documents, files or other compilations, wherever and however stored.  The independent fiduciary is authorized to give instructions respecting the disposition of assets of the plan.

Court:  United Stated District Court, Middle District of Florida, Fort Myers Division
Docket Number: 2:10-cv-302-FtM-36-SPC

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