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Pension Benefit Guaranty Corp. v. Metropolitan Washington Orthopaedic Association

United States District Court, D. Maryland

November 9, 2018

PENSION BENEFIT GUARANTY CORPORATION, Plaintiff
v.
METROPOLITAN WASHINGTON ORTHOPAEDIC ASSOCIATION, CHARTERED 1975, Defendant

          REPORT AND RECOMMENDATION

          Charles B. Day United States Magistrate Judge.

         This 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 Plaintiff's Motion.

         I. Factual and Procedural Background

         On June 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.

         After failing to receive a timely response, Plaintiff moved for and received, the Clerk's Entry of Default on August 20, 2018 (ECF. No 10).

         Plaintiff 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. §§ 1002(35), 1321(a).
• 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 ...

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