Mazda Retirement Plans Benefit Committee v. Thomas Del Franco

Filing 33

JUDGMENT by Judge Josephine L. Staton in favor of Plaintiff and it is ORDERED AND ADJUDGED that: (1) An injunction is issued against Defendant that: (a) imposes a constructive trust or equitable lien over the $281,830.26 overpayment; (b) enjoins Defendant from spending, transferring, or otherwise disposing of the aforesaid funds; and (c). directs Defendant to return the aforesaid funds to the Plan; and (2) Defendant shall pay Plaintiff's reasonable attorneys' fees and costs incurred in this action in the amount of $9,236.61. (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAZDA RETIREMENT PLANS
BENEFIT COMMITTEE, AS PLAN
ADMINISTRATOR OF THE
RETIREMENT PLAN FOR
EMPLOYEES OF MAZDA NORTH
AMERICAN OPERATIONS A/K/A
RETIREMENT PLAN FOR
EMPLOYEES OF MAZDA MOTOR
OF AMERICA,

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Plaintiff,
v.
THOMAS DEL FRANCO,
Defendant.

Case No. 8:20-cv-02113-JLS-JDE
JUDGMENT

JUDGMENT

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Pursuant to the Court’s Order Granting Plaintiff’s Application for Default

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Judgment entered on July 1, 2021 (Doc. 31), Judgment is hereby entered in favor of

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Plaintiff and it is ORDERED AND ADJUDGED that:

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1) An injunction is issued against Defendant that:

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a. imposes a constructive trust or equitable lien over the $281,830.26
overpayment;

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b. enjoins Defendant from spending, transferring, or otherwise disposing of
the aforesaid funds; and

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c. directs Defendant to return the aforesaid funds to the Plan; and

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2) Defendant shall pay Plaintiff’s reasonable attorneys’ fees and costs incurred in
this action in the amount of $9,236.61.
IT IS SO ORDERED.

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DATED: July 16, 2021

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HON. JOSEPHINE L. STATON
UNITED STATES DISTRICT JUDGE

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2.