United States District Court, D. Maryland
REPORT AND RECOMMENDATION
Charles B. Day United States Magistrate Judge.
Report and Recommendation addresses the Motion for Default
Judgment (“the Motion”) filed by Plaintiff
Pension Benefit Guaranty Corporation (“PBGC”).
ECF No. 13. Pursuant to 28 U.S.C. § 636, and Local Rule
301 and 302, the Honorable Theodore D. Chuang referred this
matter to the undersigned for the making of a Report and
Recommendation (“R&R”) concerning
Plaintiff's Motion for Default Judgment (ECF No. 14). For
the reasons stated herein, I recommend the Court GRANT
Factual and Procedural Background
1, 2018, Plaintiff brought this action against Metropolitan
Washington Orthopaedic Association, Chartered 1975,
(“Defendant” or “MWOA”) pursuant to
Title IV of the Employee Retirement Income Security Act of
1974, as amended, 29 U.S.C. §§ 1301 - 1461
(“ERISA”). Compl. ¶1. Plaintiff alleges that
Defendant is the Plan Sponsor and Plan Administrator of the
Metropolitan Washington Orthopaedic Association, Chartered
1975 Employees' Pension Plan (the “Pension
Plan”) within the meaning of 29 U.S.C. §
1002(16)(A) and 1301(a)(1). Compl. ¶7.
failing to receive a timely response, Plaintiff moved for and
received, the Clerk's Entry of Default on August 20, 2018
(ECF. No 10).
sets forth with brevity the factual averments as follows:
• Defendant established the Pension Plan on July 1, 1975
for the benefit of MWOA's employees. The Pension Plan has
approximately 81 participants.
• The Pension Plan is a defined benefit pension plan
covered by Title IV of ERISA. See 29 U.S.C. §§
• The Pension Plan was frozen in 1997.
• Upon information and belief, MWOA ceased operations
approximately ten years ago.
• Upon information and belief, MWOA's President and
owner died on November 30, 2017.
• Upon information and belief, the Pension Plan does not
have assets available to pay benefits which are currently
under the terms of the Pension Plan.
• Upon information and belief, the Pension Plan has not
paid any benefits to plan participants since the death of
MWOA's President and owner.
• Pursuant to PBGC Policy 3.4-1 Benefit Payments
Prior to Trusteeship, PBGC has taken action to place
eligible participants in the Pension Plan into ...