PWBA v.
Brian Center Related Corporations, 1999-RIS-48 (ALJ Dec. 16, 1999)
U.S. Department of
Labor
Office of Administrative Law Judges Heritage Plaza Bldg. - Suite 530 111
Veterans Memorial Blvd Metairie, LA 70005
(504) 589-6201 (504) 589-6268
(FAX)
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.