Free Default Judgment - District Court of Delaware - Delaware

- · · Case 1 :05-cv-00286-JJF Document 10 Filed 10/21 /2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR, :
Plaintiff, : Civil Action
vi : No. 05-286-JIF
MCI SERVICES, INC., et al.
Defendants. :
DEFAULT JUDGMENT
Plaintiff having filed her Complaint herein, and defendant MCI Services, Inc. ("MCI")
having failed to answer or otherwise defend against the Complaint; and the plaintiff having
moved the Court to enter default judgment in favor of the plaintiff and against defendant MCI
for failure to answer or otherwise defend against plaintiffs Complaint; and it appearing by
affidavits filed of record that MCI is the Plan Administrator and fiduciary of the MCI Services,
Inc. 401(lc) Retirement Plan ("the Plan"), and in that capacity at relevant times violated ERISA
§§ 404(a)(l)(A) and 404(a)( 1)(B), and that such violations have prevented the distribution of
Plan assets to the participants and beneficiaries, it is hereby
ORDERED, ADJUDGED AND DECREED by the Court:

. - · Case 1:05-cv-00286-JJF Document 10 Filed 10/21/2005 Page 2 of 2
1. That defendant MCI is removed from its position as fiduciary with respect to the
Plan and that Jacqueline Carmichael ("Carmichael") 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 Cam1ichael’s compensation for her work as the independent fiduciary shall
not exceed $2500.00. Carmichael’s compensation shall be paid out of the Plan assets, with the
cost allocated proportionally among the balances of the Plan participants.
3. That defendant Principal Life Insurance Company is directed to tum the assets of
the Plan over the independent fiduciary appointed by the Court to administer the Plan.
IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that costs will be allowed
the plaintiff against defendant MCI Services, Inc.
Dated: an -. 3..
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