Fairway Independent Mortgage Corporation as Plan Administrator for the Fairway Independent Mortgage Corporation Medical Plan v. Eric Jungnickel, Eric Jungnickel, as Trustee of the Eric Jungnickel Trust Agreement Dated September 20, 2022

Summary

This document is Plaintiff’s motion for judgment under Federal Rules of Civil Procedure 12(c) and 55(b)(2) in an ERISA reimbursement dispute. Fairway Independent Mortgage Corporation, as plan administrator, seeks principal, prejudgment interest, attorney’s fees and costs, equitable surcharge, and an equitable lien and constructive trust over identified real property and a vehicle. The motion relies on alleged admissions, a prior default order, preliminary-injunction and contempt findings, and the plan’s asserted reimbursement rights.

Questions Presented

1. Whether judgment should be entered against Jungnickel individually and as trustee under Federal Rules of Civil Procedure 12(c) and 55(b)(2) based on the default and alleged admissions.
2. Whether the plan is entitled to equitable surcharge, an equitable lien, and a constructive trust under ERISA section 502(a)(3).
3. Whether plaintiff should recover prejudgment interest, attorney's fees, and costs.

Disposition

other