The opinion of the court was delivered by: Mag. Martin C. Ashman
CONSENT JUDGMENT AND ORDER WITH RESPECT TO DEFENDANTS ELIZABETH LINDER AND LIZ/MAR AND ASSOCIATES, INC.
Plaintiff Elaine Chao, Secretary of Labor, U.S. Department of Labor, (the Secretary) and defendants Elizabeth Linder and Liz/Mar and Associates, Inc. (Liz/Mar) by their undersigned counsel do now accordingly consent to the entry of this Consent Order and Judgment (Judgment) by the Court.
Defendants Elizabeth Linder and Liz/Mar hereby admit to the jurisdiction of the Court over them and over the subject matter of this action. Upon consideration of the record herein, and as agreed to by the parties, the Court finds that it has jurisdiction to enter this Judgment.
WHEREAS, the Secretary and Defendants Elizabeth Linder and Liz/Mar have agreed to the terms of this Judgment, subject to its approval by the Court, and with due consideration and being fully advised of the premises,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. Elizabeth Linder and Liz/Mar are permanently enjoined and restrained from violating the provisions of Title I of ERISA, 29 U.S.C. §§1001, et seq.
2. Defendants Elizabeth Linder and Liz/Mar are hereby permanently enjoined from serving or acting as a fiduciary or service provider with respect to any ERISA covered plan.
3. Each party shall bear her/his own fees, costs and expenses in connection with this action, including any fees or other monies pursuant to the Equal Access to Justice Act, as amended.
4. Nothing in this Order is binding on any government agency other than the United States Department of Labor.
5. The Court shall maintain jurisdiction over this matter only for the purposes of enforcing this Judgment.
IT IS SO ORDERED THIS ______ DAY OF __________ 2008.
MARTIN C. ASHMAN U.S. District Court ...