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15-093 - Acosta v. Byrnes et al


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15-093 - Acosta v. Byrnes et al
March 28, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Plaintiff's # 40 motion for summary judgment is GRANTED as to liability. The Court further ORDERS that the parties shall file and serve documentation to support their arguments regarding the calculation of restitution damages consistent with this Memorandum-Decision and Order as noted herein. The Court further ORDERS that Defendant is removed as trustee of the Fort Orange Capital Management, Inc. Profit Sharing Plan. The Court further ORDERS that Defendant is permanently enjoined from serving as a fiduciary in the future for any ERISA-covered plan. The Court further ORDERS that Plaintiff shall file and serve a letter brief setting forth his recommendation regarding who should replace Defendant as trustee of the Plan, his reasons for that recommendation, and the qualifications of said individual as noted herein. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/28/2017. [Copy served upon pro se defendant via regular mail.] (nmk)
August 10, 2017
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MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendant is liable to the Plan in the amount of $310,000. The Court further ORDERS that the Clerk of the Court shall enter judgment in Plaintiff's favor, indicating that Defendant owes the Plan $310,000 in restitution damages, and including the terms of the Court's # 48 March 28, 2017 Memorandum-Decision and Order and the terms of the Court's # 59 July 28, 2017 Order and close this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 8/10/2017. [Copy served upon pro se Defendant via regular and certified mail.] (nmk)
August 10, 2017
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JUDGMENT: It is ORDERED and ADJUDGED that Defendant is liable to the Plan in the amount of $310,000. This Judgment also incorporates the terms of the Court's # 48 March 28, 2017 Memorandum-Decision and Order and the terms of the Court's # 59 July 28, 2017 Order. Judgment is entered in favor of Plaintiff. [Copy served upon pro se Defendant via regular and certified mail. ] (nmk) Modified on 8/14/2017, certified mail no. 9171969009350011776649. (nmk)