Free Default Judgment - District Court of Delaware - Delaware

Case 1 :05-cv-00861-KAJ Document 12 Filed 03/15/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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UNITED STATES DEPARTMENT OF LABOR,
: CIVIL ACTION
Plaintiff,
v. : N0. 05-861 (KAJ)
UPTIME COMPUTER SERVICES, INC. and :
SCUDDER ILWESTMENTS,
Defendants Z h
DEFAULT JUDGIVIENT
Plaintiff has filed her Complaint herein, and defendant Uptime Computer Services, Inc.
("Uptime") has failed to answer or otherwise defend against the Complaint. The plaintiff has
moved the Court to enter a default judgment in favor of the plaintiff and against defendant
Uptime for failure to answer or otherwise defend against plaintiffs Complaint. It appears by
declarations filed of record that Uptime is the Plan Administrator and fiduciary of the Uptime
Computer Services, Inc. SIMPLE 40l(k) Plan ("the Plan"), and in that capacity at relevant times
violated sections 404(a)(1)(A) and 404(a)(l)(B)of Title I of the Employee Retirement Income
Security Act of 1974 ("ERISA"), and that such violations have prevented the distribution of Plan
assets to the participants and beneficiaries. ,
It further appears that ADP, Inc. (“ADP") and Deutsche Asset Management, Inc.
(“DIMA") filed a letter Answer stating that defendant Scudder Investments is a "branding
designation used in connection with various retirement plan services programs marketed by
DIMA and for which ADP provides joint ADP-DIMA clients with various retirement plan
recordkeeping and related services." The Answer filed by ADP and DIMA also states that ADP

Case 1 :05-cv-00861-KAJ Document 12. Filed 03/15/2006 Page 2 of 2
has a service agreement with Uptime under which ADP is authorized to follow directions from
Uptime regarding disposition of Plan assets. The Answer further states that, "Should this Court
enter an Order that requires ADP to follow the directions of an independent fiduciary appointed
by the Court to administer the Plan or serve as Plan trustee, ADP would abide by that Order."
A Accordingly, it is hereby ORDERED, ADJUDGED AND DECREED by the Court:
l. That defendant Uptime is removed from its position as fiduciary with respect to
the Plan and that David M. Lipkin ("Lipkin") is appointed as an independent fiduciary to
administer the Plan in order to effectuate its termination, including the distribution of Plan assets
to the participants and beneficiaries;
2. That for the services performed pursuant to this Default Judgment, the
independent fiduciary shall receive $2,425.00 for fees and expenses;
3. That ADP, Inc. is directed to follow the directions of the independent fiduciary
appointed by the Court to administer the Plan in order to effectuate its termination, including the
distribution of Plan assets to the participants and beneficiaries.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that costs will be allowed
the plaintiff against defendant Uptime Computer Services, Inc.
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Dated: /5/ OP QL / ` if d;£""`—
n. Kent A. Jorda _'
United States Distrct Judge
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