DI-DISMISSAL NUMBER OF PAGES 2 JUDGE HENLEY ORDER OF DISMISSAL — 2023RIS00014

UNITED STATES DEPARTMENT OF LABOR
OFFICE OF ADMINISTRATIVE LAW JUDGES
Washington, DC
______________
Issue Date: 13 October 2026
Case Number: 2023-RIS-00014
In the Matter of:
UNITED STATES DEPARTMENT OF LABOR,
EMPLOYEE BENEFITS SECURITY
ADMINISTRATION,
Complainant
v.
PLAN ADMINISTRATOR,
HEALTHYPETS, INC. 401(K)
PROFIT SHARING PLAN & TRUST,
(Case No. 21-2542D),
Respondent.
ORDER OF DISMISSAL
This matter arises under Section 502(c)(2) of the Employee Retirement
Income Security Act (“ERISA”) of 1974, as amended, and the regulations at 29
C.F.R. Parts 2560 and 2570.
On June 21, 2022, the Department of Labor’s Employee Benefits Security
Administration (“Complainant” or “EBSA”) issued First Amended Notice of
Determination on Statement of Reasonable Cause, assessing a civil money penalty
against the plan administrator of the HealthyPets Inc. 401(k) Profit Sharing Plan &
Trust for failing to timely file a satisfactory 2019 Form 5500 annual report.
Respondent filed an answer with the Office of Administrative Law Judges in
opposition to the assessed penalty on July 22, 2022. It is not yet scheduled for
hearing.
On October 13, 2026, counsel for the Complainant, with Respondent’s
consent, filed Notice of Settlement and Stipulation and Order of Dismissal.
Respondent’s Plan is now in compliance with the reporting requirements of the
applicable regulations for Plan Year 2019 and Respondent paid $12,500.00 to settle
the penalty assessed in connection with the Plan’s 2019 Form 5500 annual report,
which Complainant agrees resolves this matter.

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The parties having settled all outstanding issues, thereby obviating the need
for a hearing, the Stipulation is hereby fully incorporated into this Order and
APPROVED. All pending deadlines are REVOKED. This matter is DISMISSED
with prejudice.
SO ORDERED.
STEPHEN R. HENLEY
Chief Administrative Law Judge