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CHAO v. UNIQUE MFG. CO., INC.

No. 06 C 6597.

649 F.Supp.2d 827 (2009)

Elaine L. CHAO, Secretary of Labor, United States Department of Labor, Plaintiff, v. UNIQUE MANUFACTURING COMPANY, INC., Wayne P. Knauer, Bill P. Williamson, and Unique 401(k) Plan, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 7, 2009.

Attorney(s) appearing for the Case

Ruben Richard Chapa, United States Department of Labor/Office of the Solicitor, Chicago, IL, for Plaintiff.

Wayne P. Knauer, Wauconda, IL, pro se.

Robert H. Lang, Holland and Knight, LLP, Anthony P. Steinike, Charles E. Harper, Jr., Jacquelyn T. Pinnell, Quarles & Brady LLP, Chicago, IL, for Defendants.

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...

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