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DOL Home > OALJ > ERISA > 94ris41a.htm

USDOL/OALJ Reporter 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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