Walsh v. Aprinta Group, LLC et al, No. 3:2020cv00529 - Document 26 (M.D. Ala. 2021)

Court Description: FINAL JUDGMENT: In accordance with the Memorandum Opinion and Order entered in this case it is the ORDER, JUDGMENT, and DECREE of the Court that FINAL JUDGMENT is entered as follows: 1) Default Judgment is entered in favor of Plf Martin J. Walsh, Secretary of Labor, and against Dfts Aprinta Group, LLC; Aprinta Group Healthcare Plan, LLC; Aprinta Group, LLC Disability Plan; and William Austin Dolan, II; 2) Dfts Aprinta Group, LLC and William Austin Dolan, II are enjoined from acting as fiducia ries, trustees, agents, or representatives in any capacity to any employee benefit plan, as defined by ERISA, and are removed from their positions as fiduciaries with respect to the Aprinta Group Healthcare Plan, LLC; and Aprinta Group, LLC Disabilit y Plan; 3) Dfts Aprinta Group, LLC and William Austin Dolan, II are ORDERED, jointly and severally, to make restitution to the Aprinta Group Healthcare Plan, LLC in the amount of $30,418.49, with post judgment interest to be assessed against any remaining unpaid balance of such amount, in accordance with 28 USC 1961, from the date of judgment until paid in full; 4) Dfts Aprinta Group, LLC and William Austin Dolan, II, are ORDERED, jointly and severally, to make restitution to the Aprinta Gr oup, LLC Disability Plan in the amount of $4,776.83, with post judgment interest to be assessed against any remaining unpaid balance of such amount, in accordance with 28 USC 1961, from the date of judgment until paid in full; 5) The Plf is auth orized to move for the appointment of an Independent Fiduciary at Dft Dolan's and Dft Aprinta's expense for the purposes of receiving funds from Dfts and distributing the Plans' assets; 6) Costs are taxed against Aprinta Group, LLC and William Austin Dolan, II; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Chief Judge Emily C. Marks on 9/10/2021. (wcl, )