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News Brief
Department of Labor files complaint to distribute assets of Mariah Industries Inc. 401(k) Profit Sharing Plan
Date of Action: Aug. 26, 2016
Type of Action: Filing of Complaint
Name(s) of Defendant: Christina Samone DeLaGarza, Mariah Industries Inc., Mariah Industries Inc. 401(k) Profit Sharing Plan.
Allegations: Christina Samone DeLaGarza in her capacity as a fiduciary to the Mariah Industries Inc. 401(k) Plan and Mariah Industries Inc., the plan administrator, failed to administer and terminate the Mariah Industries Inc. 401(k) Plan following the Warren, Michigan company’s closure in 2012. Their lack of action has restricted participants’ ability to receive distributions from their accounts.
Resolution: The complaint asks the court to appointment an independent fiduciary to terminate the plan and distribute assets to the participants and beneficiaries. It also seeks a judgment ordering DeLaGarza and Mariah Industries:
- Removed from their positions as fiduciaries with respect to the plan;
- Permanently enjoined from serving as a fiduciary or service provider to any ERISA-covered plan;
- To pay reasonable fees and expenses incurred by the independent fiduciary in administering and terminating the plan.
Court: United States District Court for the Eastern District of Michigan, Flint
Docket Number: 2:16-cv-13110-JEL-APP