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Employee Benefits Security Administration

EBSA News Brief

U.S. Department of Labor
Office of Public Affairs
Boston, MA
Release Number: BOS 2012-034
Complaint: 5:12-cv-00415-GTS-ATB

For Immediate Release: March 7, 2012
Contact: Ted Fitzgerald
Phone: 617-565-2075

Solis v. Rusty’s Truck Service, Inc. Profit Sharing Plan
Suit alleges plan was abandoned by defunct Syracuse, NY, company

Date of Action: March 7, 2012

Type of Action: Complaint

Name(s) of Defendant: Rusty’s Truck Service, Inc. Profit Sharing Plan

Allegations: The plan was established on or about January 1, 1991. William D. Carlton, AKA Rusty Carlton was the Trustee of the plan. William D. Carlton AKA Rusty Carlton died on May 8, 2006. No one is performing the fiduciary duties with respect to the plan, including those necessary to oversee the termination of the plan and distribution of the remaining assets. As a result, the four remaining plan participants have been unable to obtain distributions from their individual accounts in the plan. As of March 15, 2011, the total amount of plan assets is $13,825.79.

Resolution: The Department is asking the Court to appoint an independent trustee and fiduciary to administer the plan and distribute the Plan’s assets to its participants and beneficiaries.

Court: United States District Court for the Northern District of New York

Docket Number: 5:12-Cv-415

U.S. Department of Labor materials are accessible at  The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.