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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

BENJAMIN YOCUM & HEATHER LTD, 

et al. 

 Plaintiffs, 

vs. 

BLACK WOLF CONSULTING, INC., 

et al. 

 Defendants. 

) CASE NO.: 1:17-CV-00850

)

) Judge Michael R. Barrett

)

) Magistrate Judge 

) Stephanie K. Bowman

)

)

SECOND JOINT STATUS REPORT REGARDING 

RELATED DEPARTMENT OF LABOR LITIGATION

U.S. DISTRICT COURT, N.D. ILL., CASE NO.: 1:17-CV-07931

Pursuant to the May 30, 2018, Memorandum Opinion and Order of United States 

Magistrate Judge Stephanie K. Bowman [Doc.#17], Plaintiffs, Benjamin Yocum & Heather, LTD., 

Thomas R. Yocum, Kathryn K. Mecklenborg, Jose Pedro Santos, Deborah L. Evans, Donna H. 

Moore, and Anthony J. Iaciofano, and Defendant Benefit Plan Administrators, Inc. hereby jointly 

provide the following second status update regarding the Department of Labor litigation filed 

against AEU Benefits, LLC, and other plan fiduciaries and administrators in the U.S. District Court 

for the Northern District of Illinois, R. Alexander Acosta, Secretary of Labor, United States 

Department of Labor v. AEU Benefits, LLC, et al., case number 1:17-CV-007931 (“the DOL 

action”). 

The DOL action continues to proceed against all defendants including AEU Benefits, LLC, 

AEU Holdings, LLC, Black Wolf Consulting, Inc., SD Trust Advisors, LLC, and AEU Holdings, 

LLC Employee Benefit Plan. 
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Several new parties have been added to the DOL action. On September 12, 2018 the AEU 

Defendants filed an Amended Answer including an additional Cross-claim against original 

Defendant Black Wolf and a Third-Party Complaint adding Third-Party Defendants Rodney 

Maynor, Vertias PEO, LLC, James D’Iorio, Charles LaMantia, Rick Wilson, Wilson Benefit 

Services, LLC, and Tall Tree Administrators, LLC.

The Secretary of Labor thereafter filed an Amended Complaint on October 9, 2018 

including claims against new parties Rod Maynor, Stephen Satler, Steven Goldberg, Charles 

LaMantia, James D’Iorio, Vertias PEO, LLC, Veritas Benefits, LLC, Wilson Benefit Services, 

LLC, WBS, LLC, and Donald R. Wilson, as well as additional allegations and claims against 

original Defendants Black Wolf, AEU Benefits, LLC, and AEU Holdings, LLC.

The docket does not reflect any changes in the Scheduling Order previously issued in the 

DOL action and attached to our prior Joint Status Report to this Court [Doc.#20]. A brief hearing 

was held October 31, 2018 to address administrative issues including withdrawal by certain 

counsel and the extension of certain Answer deadlines. It does not appear as though any Status 

Hearing took place on November 14, 2018 a previously scheduled. 

Lastly, the Independent Fiduciary filed a Ninth Quarterly Report on October 8, 2018. That 

Report largely reflects the Independent Fiduciary’s continued efforts to marshal and control Plan 

assets and address questions and concerns of providers and members. A copy of that Ninth Report

is attached hereto as Exhibit A for the Court’s reference. 
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Respectfully submitted,

/s/ Patrick M. O’Neill

(per 11-21-2018 e-mail auth.) 

Bradford C. Weber, Esq. (#0068724)

Patrick M. O’Neill, Esq. (#0062519)

Benjamin, Heather, Iaciofano & Bitter, LLC

The American Book Building

300 Pike Street, Ste. 500

Cincinnati, OH 45202-4222

Telephone: (513) 721-5672

Facsimile: (513) 562-4388

Email: bcweber@bhiblaw.com

pmoneill@bhiblaw.com

Counsel for Plaintiffs

/s/ Chad E. Willits__________________

Chad E. Willits, Esq. (#0066541)

Ian D. Mitchell, Esq. (#0090643)

Reminger Co., LPA

525 Vine Street, Ste. 1700

Cincinnati, OH 45202

Telephone: (513) 455-4024

Facsimile: (513) 721-2553

Email: cwillits@reminger.com

imitchell@reminger.com

Counsel for Defendant Benefit Plan 

Administrators, Inc.