Chao v. Unique Manufacturing Co.

OPINION AND ORDER

WILLIAM T. HART, District Judge.

It is undisputed that, from May 22, 2002 through December 30, 2004, defendant Unique Manufacturing Company, Inc, (“Unique”) received withheld employee salary deferrals and participant loan repayments, but failed to transfer those monies to the designated ERISA plan, the Unique 401(k) Plan (the “Plan”). Before the court, on plaintiff Secretary of Labor’s motion for summary judgment, is the question of whether two individuals are also liable for the failure to make the payments Defendant Wayne Knauer (“Knauer”) was the President of Unique from…