Trustees of the UAW Labor-Management Group Pension Fund v. Marisa L. Carter et al

Filing 34

JUDGMENT by Judge Consuelo B. Marshall, in favor of Trustees of the UAW Labor-Management Group Pension Fund and against Bernadette C. Smith, Marisa L. Carter (MD JS-6, Case Terminated). (See judgment for further details) (yl)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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TRUSTEES OF THE UAW LABORMANAGEMENT GROUP PENSION
FUND,
Plaintiffs,

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v.

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Case No.: 2:16-cv-5711 CBM (SSx)
JUDGMENT
[JS-6]

MARISA L. CARTER, an individual;
BERNADETTE C. SMITH, an
individual.

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Defendants.

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Consistent with the Order Granting Plaintiffs’ Motion for Default

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Judgment, it is hereby ordered, adjudged, and decreed that:
(1)

(“Bernadette”) and Marisa L. Carter (“Marisa”) and in favor of

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Plaintiffs.

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(2)

Cornelius C. Smith (“Cornelius”) was a Retired Participant receiving a
Regular Pension from the UAW Labor-Management Group Pension

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Fund (the “Fund”) in the form of a 100% Qualified Joint and Survivor

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Annuity with Marisa as a beneficiary for the survivor annuity in the

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amount of $156.46 per month, when he died on December 18, 2015.

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Judgment is entered against Defendants Bernadette C. Smith

(3)

Plaintiffs shall direct the remaining benefits payable from the Fund on
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Cornelius’s account to be paid in the form of a survivor annuity in the

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amount of $156.47 per month to Marisa for her lifetime, as Cornelius’s

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surviving spouse.

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(4)

Marisa is deemed to be the sole beneficiary with respect to the benefits

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remaining payable on Cornelius’s account with the Fund, subject to

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adjustments set forth in paragraphs 5 and 6 below.

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(5)

Plaintiffs are awarded attorneys’ fees of $8,134.50, and costs of

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$512.50, incurred by Plaintiffs in bringing this interpleader action, and

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such fees and costs shall be deducted from the pension benefits payable

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on Cornelius’s account prior to the Plaintiffs making any payments

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directly to Marisa. From January 1, 2016, through November 1, 2016,

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the Trust withheld monthly pension benefits totaling $1,721.17 payable

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on Cornelius’s account. The entire $1,721.17 in withheld pension

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benefits shall be retained in the Fund and applied to Plaintiffs’

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attorneys’ fees and costs, leaving $6,925.83 for attorneys’ fees and costs

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due to Plaintiffs.

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(6)

Beginning the first month after the Court enters Judgment, Plaintiffs

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shall retain 100% of the $156.47 monthly benefit payment each month,

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until the remaining $6,925.83 for attorneys’ fees and costs is received

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by Plaintiffs.

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(7)

Beginning the first month after all amounts set forth in paragraphs 5 and

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6 hereinabove are paid, Plaintiffs shall direct payments from the Fund to

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Marisa $156.47 each month, for her lifetime. Said payments shall cease

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upon Marisa’s death, and no additional survivor benefits shall be paid

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from the Fund.

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(8)

Plaintiffs shall pay nothing to Bernadette.

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(9)

Plaintiffs are hereby released, acquitted and discharged from all claims

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or liability to the defendants in this action, or any of them, except that
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the Plaintiffs shall be obligated to pay the monthly survivor benefit

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payments, less the amounts set forth in paragraphs 5 and 6, above, to

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Marisa.

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(10)

Defendants Bernadette and Marisa are hereby restrained from instituting

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any action or actions against Plaintiffs, in any forum, relating to the

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pension benefits payable on Cornelius’s account from the Fund, other

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than to enforce this Judgment.

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(11)

Marisa shall be responsible for any federal and state taxes due upon the
amounts awarded and/or paid to her pursuant to the Judgment or any
order of the Court.

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IT IS SO ORDERED.

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DATED: May 22, 2017
CONSUELO B. MARSHALL
UNITED STATES DISTRICT JUDGE

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