Eva G. Sziranyi v. Allan R. Dunn, M.D., P.A.

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 09-16085 ELEVENTH CIRCUIT
Non-Argument Calendar JUNE 17, 2010
________________________ JOHN LEY
CLERK
D. C. Docket No. 07-21762-CV-DLG
EVA G. SZIRANYI,
Plaintiff-Appellee,
versus
ALLAN R. DUNN, M.D., P.A.,
a Florida profit corporation,
ALLAN R. DUNN, M.D.,
individually,
Defendants-Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(June 17, 2010)
Before TJOFLAT, BIRCH and ANDERSON, Circuit Judges.
PER CURIAM:
This is an appeal from the final judgment in an Employee Retirement
Income Security Act case. The district court imposed against the defendants the
maximum statutory penalty provided for the violation of 29 U.S.C. § 1132(a) and
(c) for the defendants’ failure to pay the plaintiff benefits and for the defendants’
failure to provide the plaintiff with documentation she requested. The defendants
contend that the district court abused its discretion in imposing the penalty,
$142,780, and clearly erred in finding that Allan R. Dunn, M.D., P.A. was a plan
administrator subject to the statutory penalty.
Having considered the district court’s decision, in particular the court’s
findings of fact and conclusions of law, the parties briefs, and the relevant portions
of the record, we find no merit in the defendants’ contentions and, accordingly
affirm the judgment.
AFFIRMED.
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