94ris41a.htm

Date Issued:        December 23, 1994

Case No.:      94-RIS-41 

In the Matter of:

     CONSOLIDATED PACKAGING
     CORPORATION,
                    Respondent 


Before:   JOHN M. VITTONE 
          Deputy Chief Judge 


                         DECISION AND ORDER

     This case arises under the Employee Retirement Income
Security Act of 1974 (ERISA), 29 U.S.C § 1100 et
seq. and the regulations issued thereunder at 29 C.F.R.
§§ 2560 and 2570. 

     On February 4, 1994, the Pension and Welfare Benefits
Administration, U.S. Department of Labor (DOL), informed
Consolidated Packaging Corporation (Respondent) of a civil money
penalty in the amount of $50,000 for violations of ERISA.  By
letter dated March 6, 1994, Respondent requested a hearing before
this Office.   Subsequently, on April 19, 1994, this Office
issued a Notice of Docketing which required the parties to
exchange and submit certain information.  On May 18, 1994, DOL
filed their Prehearing Exchange.  Due to the failure of
Respondent to file a response to the Notice of Docketing, on July
8, 1994, this Office issued an Order to Show Cause.  The Order
directed Respondent to explain why a default judgment should not
be entered in this case.  Respondent has failed to comply with
the Notice of Docketing or the Order to Show Cause.  

     On September 14, 1994, this Office sought DOL's position in
this case.  By Motion dated October 17, 1994, DOL suggested
abandonment and an entry of a default decision.  To date,
Respondent has not participated in this matter.

     The regulations at 29 C.F.R. § 18.6(d)(2)(v) provide
that:

[PAGE 2]

     If a party or an officer or agent of a party fails 
     to comply with a subpoena or with an order, . . . 
     or any other order of the administrative law judge, 
     the administrative law judge, for the purpose of 
     permitting resolution of the relevant issues and 
     disposition of the proceeding without unnecessary 
     delay despite such failure, may . . . [r]ule that 
     a pleading, or part of a pleading, or a motion or 
     other submission by the non-complying party, 
     concerning which the order or subpoena was issued, 
     be stricken, or that decision of the proceeding 
     be rendered against the non-complying party, or both.  

     After reviewing the record and considering Respondent's
failure to participate in this matter, I hereby ORDER that
Judgment by Default is entered against Respondent.  As a result
of the default decision, Respondent is ORDERED to pay a civil
money penalty in the amount of $50,000 to DOL.   




                              ______________________________
                              JOHN M. VITTONE
                              Deputy Chief Judge






Washington, DC

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