1 JANET M. HEROLD 

Regional Solicitor 

2 IAN H. ELIASOPH (CSBN 227557) 

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DANIELLE L. JABERG (CSBN 256653) 

Counsel for BRISA 

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GRACE A. KIM; Trial Attorney (CSBN 247456) 

Office of the Solicitor 

5 United States Department of Labor 

350 S. Figueroa St., Suite 370 

6 Los An~eles, California 90071 

Direct: 213) 894-3950 

7 Facsimi e: (213) 894-2064 

Email: kim.grace@dol.gov 

8 Attorneys for Plaintiff 

9 United States Department of Labor 

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UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

THOMAS E. PEREZ, Secretary of Labor, 

14 United States Department of Laoor, 

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v. 

Plaintiff, 

Case No. CV 15-cv-02416-SI 

AXIS BENEFIT ADMINISTRATORS, 17 INC., d/b/a AXIS HEALTH PARTNERS, an CONSENT JUDGMENT & ORDER 

18 Oregon corporation; 

KHA ACCOUNTANTS & ADVISORS, 

19 P .C., a Texas corporation; 

20 DARREN BOTTINELLI, an individual; 

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Defendants. 

Plaintiff THOMAS E. PEREZ, Secretary of Labor, United States Department of 

27 Labor ("Plaintiff' or the "Secretary"), pursuant to his authority under Sections 502(a)(2) 

28 and (5) of the Employee Retirement Income Security Act of 1974 ("BRISA"), 29 U.S.C. 

CONSENT JUDGMENT & ORDERPage 1 of 6 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 1 of 6
1 §§ 1132(a)(2) and (5), has filed a Complaint against, among others, AXIS BENEFIT 

2 ADMINISTRATORS, INC., d/b/a AXIS HEALTH PARTNERS, an Oregon corporation 

3 ("Axis"), and DARREN BOTTINELLI, an individual ("Bottinelli"). The Secretary, Ax4 is, and Bottinelli (the "Parties") have agreed to resolve the matters in controversy in this 

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civil action and consent to the entry of this consent judgment ("Consent Judgment" or 

"Judgment") in accordance herewith. 

1. The Parties admit that the Court has jurisdiction over this action pursuant to 

BRISA Section 502(e)(l), 29 U.S.C. § 1132(e)(l), and that venue lies in the District Court for the District of Oregon pursuant to ERISA Section 502( e )(2), 29 

U.S.C. § 1132(e)(2). 

2. The Secretary has alleged that Defendants Axis and Bottinelli violated provisions of BRISA in relation to Axis's work as service provider to several BRISA 

covered employee benefit plans ("Plans") and as set forth more fully in the 

Complaint. Defendants Axis and Bottinelli neither admit nor deny those allegations. 

3. The Parties agree to entry of this Consent Judgment. The Parties further agree 

that this Consent Judgment shall fully settle all claims of the Secretary asserted 

in the Complaint. 

4. Defendants Axis and Bottinelli acknowledge receipt of the Complaint and hereby waive service of process of the Summons and the Complaint. 

5. The Parties expressly waive Findings of Fact and Conclusions of Law. 

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 

1. Defendants Axis and Bottinelli are hereby removed as fiduciaries to the Plans. 

2. Defendants Axis and Bottinelli are permanently enjoined and restrained from violating the provisions of Title I ofBRISA, 29 U.S.C. § 1001-l 19lc. 

CONSENT JUDGMENT & ORDERPage 2 of 6 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 2 of 6
1 3. Defendants Axis and Bottinelli are permanently enjoined and restrained from 

2 serving as fiduciaries or service providers in connection with any ERISA covered 

3 plan. 

4 4. Defendants Axis and Bottinelli each expressly waive any and all claims of any na5 ture which they may have against the Secretary, the United States Department of 

6 Labor, or any of its officers, agents, attorneys, employees or representatives, aris7 ing out of, or in connection with, the allegations contained in the Complaint on 

8 file in this action, any other proceedings or investigation incident thereto, or based 

9 on the Equal Access to Justice Act, as amended. 

10 5. The Parties shall each bear their own costs, expenses, and attorney's fees incurred 

11 in connection with any stage of this proceeding, including but not limited to attor12 ney's fees which may be available under the Equal Access to Justice Act, as 

13 amended. 

14 6. Nothing in this Consent Judgment and Order is binding on any governmental 

15 agency other than the United States Department of Labor, Employee Benefits Se16 curity Administration, or on any private party not named in this action. 

17 7. This Court retains jurisdiction of this action for purposes of enforcing compliance 

18 with the terms of this Consent Judgment and Order. 

19 8. By signing their names to this Consent Judgment and Order, the Parties each rep20 resent that they are informed and understand the effect and purpose of this Con21 sent Judgment and Order. 

22 9. Any person signing this Consent Judgment and Order on behalf of a party ex23 pressly acknowledges and represents that he or she has the authority to sign for, 

24 and legally bind, that party. 

25 10. This Consent Judgment and Order may be executed in counterparts, each of 

26 which shall be deemed to be an original, but all of which, taken together, shall 

27 constitute one and the same instrument. 

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CONSENT JUDGMENT & ORDERPage 3 of 6 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 3 of 6
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1 The Court directs the entry of this Consent Judgment and Order as a final order. 

2 IT IS SO ORDERED. 

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4 Dated: December 30, 2015. 

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Michael H. Simon 

United States District Judge 

CONSENT JUDGMENT & ORDERPage 4 of 6 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 4 of 6
1 Entry of this Consent Judgment and Order is hereby consented to: 

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10 Dated: 12/17/2015 

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CONSENT JUDGMENT & ORDERPage 5 of 6 

M. PATRICIA SMITH 

Solicitor of Labor 

JANET M. HEROLD 

Regional Solicitor 

IAN H. ELIASOPH 

Counsel for ERISA 

Isl Grace A. Kim 

GRACE A.KIM 

Trial Attorney 

Attorneys for Plaintiff Secretary of Labor 

Isl Darren Bottinelli 

For Defendant AXIS BENEFIT 

ADMINISTRATORS, INC., d/b/a AXIS 

HEAL TH PARTNERS 

By: Darren Bottinelli, CEO 

(Print Name & Title) 

Isl Darren Bottinelli 

Defendant DARREN BOTTINELLI 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 5 of 6
1 This Consent Judgment is approved as to form by: 

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3 Dated: 12/17/2015 

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CONSENT JUDGMENT & ORDERPage 6 of 6 

Isl Thomas L. Hutchinson 

THOMAS L. HUTCHINSON 

Bullivant Houser Bailey PC 

Attorney for Defendants 

Case 3:15-cv-02416-SI Document 5 Filed 12/30/15 Page 6 of 6