United States District Court, E.D. North Carolina, Western Division
R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff,
THOMAS E. BEVERLY, SR., HOUSE OF LIGHTS, INC. PENSION PLAN & TRUST, and HOUSE OF LIGHTS, INC. PROFIT SHARING PLAN. Defendants.
Tuttle Attorney For Defendant.
Plaintiff moves entry of of the foregoing Judgment: Kate S,
O'Scannlain Solicitoe of Labor, Stanley E. Keen Regional
Solicitor, Robert M. Lewis, Jr. Councel, Shelly C. Anand
Trial Attorney for Plaintiff.
CONSENT JUDGMENT AND ORDER
Secretary of Labor, United States Department of Labor,
pursuant to his authority under §§ 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 et seq.,
("ERISA") has filed a Complaint against Defendants
Mr. Thomas E. Beverly, Sr. (“ Defendant Mr.
Beverly), House of Lights, Inc. Pension Plan &
Trust, and House of Lights Inc. Profit
Sharing Plan (collectively "the
Plan). The Secretary named the Plan as a
Defendant pursuant to Fed.R.Civ.P. 19(a). Upon entry of this
Consent Judgment, the Plan may be dismissed without
prejudice. Defendant and the Secretary have agreed to resolve
all matters in controversy in this action except for the
imposition by the Secretary of any penalty pursuant to ERISA
§ 502(1), 29 U.S.C. § 1132(1), and any proceedings
related thereto, and said parties do now consent to entry of
a Judgment and Order by this Court in accordance herewith.
Secretary's Complaint alleges that Defendant Mr. Beverly
breached his fiduciary duties with respect to the Plan by
failing to discharge his duties under the Plan and by
violating provisions of §§ 403, 404 and 406 of
ERISA, 29 U.S.C. §§ 1103, 1104 and 1106, as set
forth in the Complaint.
Defendant Mr. Beverly hereby admits to the jurisdiction of
the Court over him and over the subject matter of this
action. Defendant Mr. Beverly admits that this Court has the
authority to enforce this Order and that this Court is the
most appropriate venue for any enforcement action which may
be required as a result of this Order.
Defendant Mr. Beverly admits each and every allegation in the
Defendant Mr. Beverly admits that he is, or was at all times
relevant to this action, acting as a fiduciary within the
meaning of 11 U.S.C. § 523(a)(4). Defendant Mr. Beverly
further admits that his conduct with respect to the Plan and
with respect to Plan assets constitutes defalcation while
acting in a fiduciary capacity within the meaning of 11
U.S.C. § 523(a)(4). Defendant Mr. Beverly further
admits, therefore, that the debt arising from his fiduciary
breaches is non-dischargeable under the Bankruptcy Code.
Defendant Mr. Beverly expressly waives any and all claims of
whatsoever nature that he has or may have against the
Secretary, or any of his officers, agents, employees, or
representatives, arising out of or in connection with the
filing, prosecution, and maintenance of this civil action or
any other proceeding and investigation incident thereto.
Order represents a complete settlement of all the
Secretary's claims asserted in this action against
Defendant Mr. Beverly. This Order is not binding upon any
government agency other than the U.S. Department of Labor and
only resolves claims arising out of this action as between
the Secretary and Defendant Mr. Beverly.
Secretary and Defendant Mr. Beverly expressly waive
The House of Lights, Inc. Pension Plan & Trust
then merged with the House of Light's Inc. Profit Sharing
of Fact and Conclusions of Law, except as otherwise set forth
and addressed herein, and consent to the entry of this Order
as a full and complete resolution of all claims and issues
which were, or might have been, alleged in this action
without trial or adjudication of any issue of fact or law
raised in the Complaint.
it is ORDERED ADJUDGED AND DECREED that:
Court has jurisdiction over the parties to this Order and the
subject matter of this action and is empowered to provide the
Defendant Mr. Beverly, his agents, servants, employees and
all persons in active concert or participation with him be
and they hereby are permanently enjoined and ...