Opinion
Civil No. 2:00CV0028ST
May 27, 2003
W. WALDAN LLOYD (1985), CALLISTER NEBEKER McCULLOUGH Salt Lake City, Utah.
ORDER AND JUDGMENT
The Court, having reviewed the Stipulation of the parties, and good cause appearing therefore, confirms the Stipulation and now hereby enters the following ORDER AND JUDGMENT:
1. Defendant Susan Francis (now known as Susan Belliston) was a fiduciary of the Karl M. Francis D.D.S., P.C. Profit Sharing Plan ("Plan") and that as a fiduciary she breached her fiduciary duties to the Plan.
2. As a consequence of the fiduciary breaches of defendant Susan (Francis) Belliston the Plan has suffered lost earnings and income totaling $4,811.95;
3. Pursuant to ERISA § 206(d)(4) [ 29 U.S.C. § 1056 (d)(4)]), the Plan shall recover from defendant Susan (Francis) Belliston the amount of its losses set forth in paragraph 2 by offsetting that amount against any benefits owed by the Plan to her as an alternate payee under that certain Qualified Domestic Relations Order dated August 25, 2000.
4. The Plan shall further recover from defendant Susan (Francis) Belliston legal fees and costs incurred by the Plan, totaling $2,700.00, which amount consists of $2,500.00 in legal fees and $200.00 costs of filing and service of the Complaint, by offsetting that amount in the same manner described in paragraph 3.
5. Upon entry of this Order and Judgment all remaining claims in this action shall be dismissed by the court with prejudice.