Solis v. Brenda Duncan, Proto Craft, Inc. and Proto Craft, Inc. Profit Sharing and 401(k) Plan in Auburn Hills, Mich.

Date of Action: Aug. 24, 2011

Type of Action:  Consent order and judgment

Names of Defendants: Brenda Duncan and Proto Craft, Inc. as fiduciaries to the Proto Craft, Inc. Profit Sharing and 401(k) Plan.

Allegations: Brenda Duncan and Proto Craft, Inc. have not taken fiduciary responsibility for the operation and administration of the Proto Craft, Inc. Profit Sharing and 401(k) Plan and its assets since April 2010 when Brenda Duncan signed a participant distribution form for a plan participant.  Brenda Duncan has not responded to requests to terminate the plan. 

Resolution: Brenda Duncan and Proto Craft, Inc. are permanently enjoined and restrained from violating the provisions of Title I of ERISA.  Brenda Duncan and Proto Craft, Inc. are removed as fiduciaries to the plan and are permanently enjoined from serving or acting as fiduciaries or service providers to any ERISA covered employee benefit plan.

Summit Benefit Solutions, Inc. of 600 Lexington Avenue, Mansfield, Ohio 44907 is appointed the independent fiduciary for the Plan.

Court: Eastern District of Michigan, Auburn Hills, Mich.

Docket Number: 2:11-cv-12048

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U.S. Department of Labor materials are accessible at www.dol.gov.  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.