UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
April 3, 2008
ELAINE L. CHAO, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, PLAINTIFF,
MICHAEL LINDER ET AL., DEFENDANTS.
The opinion of the court was delivered by: Mag. Martin C. Ashman
Hon. Robert M. Dow
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 Magistrate Judge
Defendants hereby move for entry of this Judgment:
Elizabeth Linder _____________ Dated: _3/18/08____ ELIZABETH LINDER
Elizabeth Linder _____________ Dated: _3/18/08____ LIZ/MAR AND ASSOCIATES, INC.
By: _Elizabeth Linder________
Kenneth D. Bellah _____________ Dated: __3/18/08__ KENNETH BELLAH Attorney for Linder and Liz/Mar Law offices of Kenneth D. Bellah 222 South Riverside Plaza, Suite 1410 Chicago, IL 60606
Plaintiff Elaine Chao, Secretary of Labor, hereby moves for entry of this Judgment:
GREGORY F. JACOB Solicitor of Labor
JOAN E. GESTRIN Regional Solicitor
Peter D. Broitman _____ Dated: _4/2/08______ PETER D. BROITMAN ERISA Counsel
Ruben R. Chapa_______ Dated: 4/2/08_____ RUBEN R. CHAPA
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