Finley v. Northern CA Carpenters Trust Fund Board of Trustee's et al

Filing 75

ORDER ADOPTING 74 FINDINGS AND RECOMMENDATIONS signed by Judge Garland E. Burrell, Jr on 3/13/15. The 70 Motion to Dismiss is GRANTED in part and DENIED in part. Carpenters Local #217, Carpenters Local #22, Bill Feyling, Mike Knabb, Rigo Laguardia (Business Agent), Shawn Leonard (Local 2236), Charlene Martinez, Northern CA Carpenters Trust Fund Board of Trustee's, Gene Price, Jay Streets (Local 405), Bob Alvarado and Carpenters Health & Welfare Trust Fund terminated. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KEVIN FINLEY,

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No. 2:13-cv-1132-GEB-EFB PS
Plaintiff,

v.

ORDER

NORTHERN CA. CARPENTERS
PENSION TRUST FUND TRUSTEES, ET
AL., BOB ALVARADO, MIKE KNAB,
CHARLENE MARTINEZ, BILL
FEYLING, FIELD REPRESENTATIVES
RIGO LAGUARDIA LOCAL 217,
SHAWN LEONARD LOCAL 2236, JAY
STREETS LOCAL 405,
Defendants.

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On February 18, 2015, the magistrate judge filed findings and recommendations herein

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which were served on the parties and which contained notice that any objections to the findings

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and recommendations were to be filed within fourteen days. No objections were filed.

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The court has reviewed the applicable legal standards and, good cause appearing,
concludes that it is appropriate to adopt the proposed Findings and Recommendations in full.

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Accordingly, IT IS ORDERED that:

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1. The proposed Findings and Recommendations filed February 18, 2015, are

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ADOPTED; and

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2. Defendants’ motion to dismiss, ECF No. 70, is granted in part and denied in part as
follows:
a. Defendants’ motion to dismiss plaintiff’s 29 U.S.C. § 1132(a)(1)(B) against the

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Carpenters Funds Administrative Office of Northern California and Carpenters Pension Trust

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Fund for Northern California is denied; and

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b. The motion is granted in all other respects.
Dated: March 13, 2015

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