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Perez v. Schrepfer

United States District Court, D. Colorado

March 3, 2016

THOMAS EDWARD PEREZ, Secretary of Labor, and UNITED STATES DEPARTMENT OF LABOR, Plaintiffs,
v.
M. PETER SCHREPFER, SCHREPFER INDUSTRIES, INC. 401k PLAN, SCHREPFER INDUSTRIES, INC. HEALTH BENEFITS PLAN, TRINIDAD GOLF, LLC SIMPLE IRA PLAN, and TRINIDAD GOLF, LLC HEALTH BENEFITS PLAN, Defendants.

For Plaintiff: For Defendants: M. Patricia Smith Solicitor of Labor James E. Culp Regional Solicitor John Rainwater Associate Regional Solicitor Robert A. Goldberg ERISA Counsel

Matthew B. Finnigan U.S. Department of Labor Attorneys for the Secretary of Labor

CONSENT JUDGMENT AND ORDER

William J. Martínez United States District Judge

This action was brought by Plaintiffs, Thomas E. Perez, Secretary of Labor, and the United States Department of Labor, against Defendants M. PETER SCHREPFER, individually; the SCHREPFER INDUSTRIES, INC., 401(k) PLAN; SCHREPFER INDUSTRIES, INC., HEALTH BENEFITS PLAN; the TRINIDAD GOLF, LLC, SIMPLE IRA PLAN; and the TRINIDAD GOLF, LLC, HEALTH BENEFITS PLAN, pursuant to Sections 502(a)(2) and 502(a)(5), 29 U.S.C. §§ 1132(a)(2) and 1132(a)(5), of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001-1461 (“ERISA”). Defendant M. Peter Schrepfer (“Schrepfer”), individually, having appeared pro se, admits to the jurisdiction of the Court over him and over the subject matter of this action and has agreed to the entry of judgment without contest.

It is therefore, upon joint motion and for good cause shown, ORDERED ADJUDGED AND DECREED that:

1. Defendant, Trinidad Golf, LLC (“Trinidad Golf”), was formed in 2007 to construct and operate a golf course, resort hotel, and adjoining housing community in Trinidad, Colo.

2. Schrepfer served as president of Schrepfer Industries, Inc. (“Schrepfer Industries”), which performed some construction for that golf course, resort, and housing.

3. Both Trinidad Golf and Schrepfer Industries (jointly, the “Companies”) are now insolvent, have no employees, and have dissolved with the Secretary of State for the State of Colorado.

4. Schrepfer was the named fiduciary for the Schrepfer Industries, Inc. 401(k) Plan; the Schrepfer Industries, Inc. Health Benefits Plan; the Trinidad Golf, LLC SIMPLE IRA Plan; and the Trinidad Golf, LLC Health Benefits Plan (collectively, the “Plans”).

5. The Schrepfer Industries, Inc. 401(k) Plan is an employee retirement savings plan that Schrepfer Industries established on January 1, 2005.

6. Schrepfer Industries is the employer sponsoring the Schrepfer Industries, Inc. 401(k) Plan; it is also that Plan’s named plan administrator.

7. American Funds Distributors, Inc. serves as the custodian of assets for the Schrepfer Industries 401(k) Plan.

8. The Schrepfer Industries, Inc. Health Benefits Plan is a health benefits plan for that company’s employees.

9. The Trinidad Golf, LLC SIMPLE IRA is a SIMPLE IRA Plan that Trinidad Golf established on October 1, 2007.

10. Trinidad Golf is the employer sponsoring the Trinidad Golf, LLC SIMPLE IRA Plan; Trinidad Golf ...


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