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USDOL/OALJ Reporter

PWBA v. Brian Center Related Corporations, 1999-RIS-48 (ALJ Dec. 16, 1999)


U.S. Department of LaborOffice of Administrative Law Judges
Heritage Plaza Bldg. - Suite 530
111 Veterans Memorial Blvd
Metairie, LA 70005

(504) 589-6201
(504) 589-6268 (FAX)

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DATE ISSUED: DECEMBER 16, 1999

IN THE MATTER OF:

CASE NO.: 1999-RIS-48

U.S. DEPARTMENT OF LABOR
PENSION AND WELFARE BENEFITS
ADMINISTRATION
    Complainant

    v.

BRIAN CENTER RELATED CORPORATIONS
401(K) PLAN ANNUAL REPORT (98-2659)
    Respondent

ORDER APPROVING SETTLEMENT
AND DISMISSING COMPLAINT

   This matter involves a complaint filed by Complainant under the Employee Retirement Income Security Act of l974, (ERISA) 29 U.S.C. 1132, 1135, and its implementing regulations; 29 C.F.R. Parts 2560, 2570. The parties have submitted a "Joint Stipulation for Dismissal and Order" which has been executed by each of the parties.

   Pursuant to 29 C.F.R. Section 2670.65(d), the Court finds that the settlement agreement is a fair, adequate and reasonable resolution of the complaint.

   Accordingly, IT IS HEREBY ORDERED that,

   1) This Order shall have the same force and effect as an order made after a full hearing;

   2) The entire record on which this Order is based shall consist solely of the Notice of Determination and this Stipulation and Order;

   3) The parties waive any further procedural steps before this Court;

   4) The parties waive any rights to challenge or contest the validity of this Order and Decision entered into in accordance with this Stipulation and Order;


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   5) Each party shall bear all its own costs, expenses, and legal and accounting fees incurred in connection with this action, and.

   6) This Order and the decision of this Court shall be final agency action.

   Entered this 16th day of December, 1999, at Metairie, Louisiana.

      JAMES W. KERR, JR.
      Administrative Law Judge

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