Solis v. The Hartford Construction Group, LLC involving default judgment against Cumming, Ga., company

Date of Action: Dec. 28, 2012

Type of Action: Complaint

Name(s) of Defendant(s): The Hartford Construction Group, LLC and Travis M. Donnelly

Allegations: Between February and June 2009, Hartford Construction Group and Travis Donnelly, served as fiduciaries to the Hartford 401(k) plan and withheld employee contributions of approximately $3,400.46. In addition, they failed to forward the funds to the plan as soon as they reasonably could do so and allowed the contributions to be comingled with general company assets. Additionally, Hartford and Donnelly served as fiduciaries for the Hartford Construction Group LLC Group Health Plan, Humana. The insurance provider cancelled the policy after Hartford and Donnelly failed to remit required premium payments of approximately $4,905.33 during the February and June 2009 time period. This resulted in approximately $20,000 in health benefits being denied to participants.           

Resolution: The department is seeking the court to permanently enjoin the defendants from serving as fiduciary, administrator, officer, trustee, custodian, agent, employee, representative, or having control over the assets of any employee benefit plan subject to Employee Retirement Income Security Act; order the defendants to restore to the plans all losses, including lost earnings and interest, which occurred as a result of the breaches of their fiduciary obligations; appoint a successor fiduciary or administrator to the plans, at the defendants’ expense; award plaintiff the costs of this action and provide such other relief as may be just and equitable.

Court: United States District Court for the Northern District of Georgia, Atlanta Division

Docket Number: 1:12-cv-04465-AT

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.