NOT FOR PUBLICATION 

RECEIVED 

NOV 1 9 201~ 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

AT 8:30 M 

WILLIAM T. WALSH 

CLERK 

BRIAN J. KARCHER 

Plaintiff, 

v. 

RICHARD DEPIERRO, TODD 

HENDERSON, EXECUTIVE FURNITURE 

SERVICES, INC. 40l(K) PLAN, 

EXECUTIVE FURNITURE SERVICES, 

INC., and RED BANK PENSION 

SERVICES, INC., 

Defendants. 

THOMPSON, U.S.D.J. 

Civ. No. 11-2911 

MEMORANDUM ORDER 

/ ... / 

On October 17, 2014, Plaintiff Brian J. Karcherfiled a Motion for Summary Judgment on 

claims stated in his Amended Complaint pursuant to Federal Rule of Civil Procedure 56. 

(Docket No. 58). The Motion is unopposed. On November 13, 2014, the Court sent a letter to 

all counsel advising them that Plaintiffs Motion would be granted as unopposed. (Docket No. 

59). Defendants have not responded to the Court's letter. 

Federal Rule of Procedure 56( a) states that-"The court shall grant summary judgment if 

the movant shows that there is no genuine dispute as to any material fact and the movant is 

entitled to judgment as a matter of law." It is undisputed that Plaintiff was a participant in the . 

Executive Furniture Services, Inc. 401(K) Plan (the "Plan") (Doc. No. 58, Ex. 22 at~ 1); that 

Defendants Richard DePierro and Todd Henderson were the sole trustees and administrators for 

the Plan, and the only persons with authority to take money out of the Plan (id. at~~ 5-7, 51); 

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that Plaintiff made regular contributions to the Plan and, as of March 31, 2005 was informed that 

the balance in his share of the pooled Plan was $60,958.94 (id. at~~ 10, 12); that when Plaintiff, 

who was the only employee left with money in the Plan, received his disbursement of his share 

of the Plan in March 2011, he only received $2,632.03 after taxes (id. at~~ 10, 16); that Plaintiff 

had requested documents and information concerning the Plan from Defendants, which 

. Defendants did not give him; (id. at~ 14); that Defendant DePierro received a letter from the 

third-party administrator of the Plan discussing improper transactions concerning the Plan and 

asking Defendants to redeposit certain funds back into the Plan (id at~ 34); that Defendants 

De Pierro and Henderson took all of their own money out of the Plan (id. at ~ 60); that Defendant 

DePierro did not send Plaintiff annual reports, Form 5500s or other documents which reflected 

the total balance of the Plan assets (id. at~~ 33, 39-40); that Plaintiffs share of the Plan as of 

March 31,2005 would be worth between $109,608.79-$110,695.00 as of May 29,2014 (id. at~ 

66); and that Plaintiff is owed $3,600 in back wa 

Accordingly, IT IS, on this~ day ofNovember, 2014, ORDERED that Plaintiffs 

Motion for Summary Judgment as to his claims in Counts One and Two of the Amended 

Complaint against Defendants DePierro and Henderson for the losses Plaintiff experienced to 

Plaintiffs share of the Plan under 29 U.S.C. §§ 1109, 1132 (Docket No. 27 at~~ 44, 50-51) are 

GRANTED; and it is further 

ORDERED that Plaintiffs Motion for Summary Judgment as to his claim in Count Three 

of the Amended Complaint against Defendants De Pierro and Henderson for noncompliance with 

the requirements of29 U.S.C. § 1132(c)(l)(B) (Docket No. 27 at~ 58) is GRANTED; and it is 

further 

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ORDERED that Plaintiffs Motion for Summary Judgment as to his claim in Count Six of 

the Amended Complaint against Defendants De Pierro and Henderson for back wages is (Docket 

No. 27 at~ 2) is GRANTED. 

A supplemental order providing amounts for Plaintiffs awards will be entered at a later 

date. 

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